JUDGMENT

Amit Rawal, J.

1. The question of law raised in the present OP(FC) is whether anti-suit injunction by one of the spouse can be maintainable against another spouse who had instituted a suit in Canada on various claims.

2. To answer the aforementioned question, the facts in brief are as under:

Marriage between the parties was solemnized on 11.12.1999.

Two children are born out of the wedlock, elder one is aged 19 years and the younger 16 years. Both husband and wife migrated to Canada and doing their jobs meant for and through hard work acquired properties in Canada. Unfortunately, bitterness in the relationship resulted into a discord necessitating the wife to institute a divorce petition O.P.No.34/2021 which is pending adjudication and the husband had also appeared through counsel. Respondent is stated to have put in appearance, proceeded ex parte. An ex parte divorce decree is stated to have been passed though the order has not been issued. Husband invoked the jurisdiction of Ontario Court, Canada and raised the following multifarious claims:

11. Support for chil(ren)-table amount

12. Support for child(ren)-other than table amount

13. Decision-making responsibility for child(ren