2014 Supreme(Del) 51
High Court of Delhi
THE HONOURABLE MR. JUSTICE P.K. BHASIN
Ponty Singh
Versus
Anu Singh Bhatia
CS(OS) No. 820 of 2012 & I.A. Nos. 5783 of 2012 & 6736 of 2012
Decided On : 06-01-2014
For the Plaintiff:Ms. Geeta Luthra, Senior Advocate with Sanjeev Sahay, Advocate.
For the Defendant:A.S. Chandhiok, Senior Advocate with P. Banerjee, Ms. Harleen Kaur, Ms. Princy Ponnan, Advocates.
Headnote:
Civil Procedure Code, 1908 - Order 39 Rules 1, 2 and 2(A) - Suit for anti-suit injunction - Section 13 (1)(ia) of the Hindu Marriage Act, 1955 - Principle of forum non-conveniens - Infructuous litigation - Dismissed.
P.K. Bhasin, J.
1. The plaintiff and the defendant in this suit for anti-suit injunction were married on 20th December, 1999 at New Delhi as per the Sikh rites and rituals. They left India and acquired British citizenship sometime in the year 2005. From the wedlock two daughters were born and they also acquired British citizenship. After staying in the United Kingdom for some years the entire family moved to Hong Kong and after a brief stay there they came to Singapore sometime in the year 2008 and thereafter they have been staying in Singapore only.
2. The plaintiff-husband claims in this suit filed on 27th March,2012 that his wife had perpetuated extreme cruelty on him, physical as well as mental. He claims that his wife is an alcoholic and consumes more than half a bottle of alcohol everyday starting from morning hours and after getting drunk she screams, shouts and creates an unpleasant atmosphere in the house and also becomes volatile and obnoxious. That behaviour of the defendant affected his personal life and business also and led to the filing of a Divorce Petition under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 in the Family Court in Saket District Courts, Delhi (registered as HMA No. 252/2012).
3. The plaintiff had further alleged in the plaint that he was apprehending that his wife would initiate legal proceedings for the dissolution of their marriage in Singapore and, therefore, he was filing the present suit for getting the relief of ‘anti-suit injunction’ against the defendant restraining her from initiating any legal proceedings against him in Singapore or any other country for the dissolution of their marriage. The relevant portions from different paras of the plaint in which apprehension regarding initiation of legal proceedings by the defendant in Singapore against the plaintiff has been expressed and the justification has been given for the grant of the relief of anti-suit injunction to the plaintiff are being re-produced below:-
“22. ..............................The plaintiff apprehends that the Defendant will initiate proceedings for dissolution of marriage in Singapore. The Defendant has threatened to initiate proceedings in Singapore on 25.03.2012. In view of these threats, plaintiff is constrained to file the present suit inter-alia praying that defendant be restrained from initiating any proceedings in Singapore in relation to their marriage.............................................
24. If any proceedings are initiated by the defendant in Singapore or elsewhere the same will not be conclusive and binding on Indian Courts and the Indian Legal System...............................................................................................
25. ....................Hence the plaintiff is entitled for the relief of anti-suit injunction as India is the forum of convenience..................
26. In case, the defendant files any proceedings in Singapore then liberty be given to the plaintiff to amend this suit to bring a specific prayer seeking injunction against the defendant and in favour of the plaintiff restraining the defendant from proceeding with such proceedings.....................................................................”
4. The prayer para in the plaint reads as under:-
“restrain the defendant, her assignees, agents, relatives etc. for initiating any proceedings against the plaintiff and his family members in any country and in particular in Singapore.”
5. Along with the plaint the plaintiff had also filed an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure,1908(being I.A. No. 5783/2012), which is now being disposed of by this order and the prayer made in the said stay application are as under:-
“It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: -
restrain the defendant, her assignees, agents, relatives etc. for initiating any proceedings against the plaintiff and his family members in any country