Court allows Anti-Suit Injunction filed against Husband residing in Germany,

 

The Principal Judge of Rohini Family Court granted an anti-suit injunction against a Husband who resides in Germany, restraining him from filing any case in Germany against his wife who resides in India along with the 2 sons. 

Both Parties are Indian citizens and married in Delhi as per Hindu rites and rituals. 2 children were born and after the separation of the parties, the sons resided with the Wife in India since 2018. 

A suit was instituted by the Husband in Germany for custody of the children and the same was rejected noting that the sons are residing with the mother in India for a long time now. 

The Wife had alleged applicability of Indian Laws as she and her children hold Indian passports. Further, the marriage also took place in India. It was pleaded that going to Germany as and when required due to case proceedings would be unworkable as just now the Wife started working and is also looking after her children with parental support. 

The Family Court noted that anti-suit injunctions can be filed where international jurisdiction comes to play. Relying on the judgements of Modi Entertainment Network v. WSG Cricket Pvt. Ltd. (AIR 2003 SC 1177) and Y. Narasimha Rao & Ors. V. Y. Venkta Lakshmi & Anr. (1991 3 SCC 451), the Court ruled that these cases provide guidelines on how to deal with anti-suit injunction cases involving cases filed in different courts in different countries. 

Observing that the Wife did not even have any residency in Germany and has Indian Citizenship, the Court asserted, 

“The Plaintiff has a prima facie case in her favour and the balance of convenience also lies in her favour. It can also not be denied that there are chances of irreparable loss being caused to the Plaintiff if the temporary injunction is not granted.”

The Family Court granted the relief pleaded by the Plaintiff-Wife and allowed the anti-suit injunction application filed against the Defendant-Husband living in a foreign country. 

Case Title: Charanjeet Kaur v. Vijyant Sabharwal 

Coram: Hon’ble Judge, Sanjay Jindal

Case No.: Civil Suit 19/19

 

 

Social media is bold. 

Social media is young.

Social media raises questions.

 Social media is not satisfied with an answer.

Social media looks at the big picture.

 Social media is interested in every detail.

social media is curious.

 Social media is free. 

Social media is irreplaceable.

But never irrelevant. 

Social media is you.

 (With input from news agency language) 

 

 If you like this story, share it with a friend!   

We are a non-profit organization. Help us financially to keep our

journalism free from government and corporate pressure .