JUDGMENT

The appeal arises from an unnumbered original petition filed by the appellant herein. The original petition was filed for an anti-suit injunction before the Family Court, Pathanamthitta. The Family Court, without issuing notice, by a detailed order dismissed the original petition holding that it has no jurisdiction to entertain the original petition. The said order is under challenge in this appeal.

2. The anti-suit injunction was filed to restrain the respondent from proceeding with the divorce petition filed by her in Australia.

3. As disclosed from the pleadings, the marriage between the appellant and the respondent was solemnised at St. Ignatious Orthodox Church Kaipattoor. Anti-suit injunction is a species of injunction.

4. Anti-suit injunction is instituted to prevent the opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country.

5. In matrimonial matters, the parties may be entitled to invoke different jurisdiction - jurisdiction based on domicile or jurisdiction based on celebration of marriage etc.

6. In Modi Entertainment Network and Ors. v. W.S.G. Cricket PTE Ltd., [AIR 2003 SC 1177], the Hon’ble Supreme C