Anti-suit injunctions can be granted in matrimonial disputes, maintaining jurisdiction under the Family Courts Act and governed by the Specific Relief Act principles.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943 Mat.Appeal.No.497 OF 2020 Against order in Unnumbered OP of 2020 (CF 2580/2020) dated

11/8/2020 of Family Court, Pathanamthitta)

APPELLANT/S: GEORGE KOSHY AGED 50 YEARS S/O.K.G.KOCHUKOSHY, KONNAYIL HOUSE, OPP VHSS, KAIPATTOOR MURI, VALLICODE VILLAGE, KAIPATTOOR P.O., KONNI TALUK, PATHANAMTHITTA PIN-686 648.

BY ADVS.

SRI.V.PHILIP MATHEW SRI.JEPH JOSEPH SRI.JOHNSON K.KURIEN RESPONDENT/S:

SARAH KOSHY AGED 45 YEARS KALLOORTHAZHCHAYIL, MARTHOMA COLLEGE ROAD, KUTTAPPUZHA, R.S.P.O., PATHANAMTHITTA DISTRICT-689

103(ALSO HAVING PRESENT RENTAL ADDRESS AT 16 DURANT PLACE CHERRYBROOK, 2126 NSW, AUSTRALIA)

THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

A.MUHAMED MUSTAQUE & DR.KAUSER EDAPPAGATH, JJ.

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MAT.APPEAL NO.497/2020 “C.R.”

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JUDGMENT

Dated this the 9th day of April 2021 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 Court examined the general principles related to anti-suit injunction by Courts. It is appropriate to refer the relevant portion of the said judgment which reads as follows:

The Courts in India like the Courts in England are Courts of both law and equity. The principles governing grant of injunction an equitable relief-by a Court will also govern grant of anti-suit injunction which is but a species of injunction. When a Court restrains a party to a suit/proceeding before it from instituting or prosecuting a case in another Court including a foreign Court, it is called anti-suit injunction. It is a common ground that the Court in India has power to issue anti-suit injunction to a party over whom it has personal jurisdiction, in an appropriate case. This is because Courts of equity exercise jurisdiction in personam. However, having regard to the rule of comity, this power will be exercised sparingly because such an injunction though directed against a person, in effect causes interference in the exercise of jurisdiction by another Court.

7. The Apex Court in a recent Order in Madhavendra L.Bhatnagar v. Bhavna Lall [(2021) 2 SCC 775] the Hon'ble Supreme Court held that anti-suit injunction can be issued if the other party had already resorted to proceedings before another court including outside India.

8. In Vivek Rai Gupta v. Niyati Gupta [(2018) 17 SCC

21], the Apex Court particularly referred to anti-suit injunction in matrimonial disputes.

9. The Hon'ble Supreme Court in Dinesh Singh Thakur v. Sonal Thakur [ AIR 2018 SC 2094 ] also referred to parameters in granting reliefs in anti-suit injunctions in matrimonial disputes.

10. Renowned authors, Shri Anil Malhotra and Ranjit Malhotra in their book 'The