In a notable judgment concerning cross-border matrimonial disputes, the Delhi High Court reinforced the power of Indian courts to grant anti-suit injunctions to restrain a party from pursuing parallel divorce proceedings in a foreign forum. The Single Bench of Justice Amit Bansal passed the order in the case of Damini Manchanda v. Avinash Bhambhani, highlighting the need to prevent multiplicity of litigation and conflicting decisions.
Background of the Dispute
The plaintiff-wife had filed a divorce petition in New Delhi on December 16, 2020. However, the defendant-husband allegedly avoided service in those proceedings. In an apparent act of forum shopping, the husband filed a separate divorce case in Canada on December 13, 2021—just three days before the first anniversary of the wife’s petition. The wife approached the Delhi High Court seeking an interim injunction to restrain the husband from proceeding with the Canadian case.
Key Observations by the Court
The Court took serious note of the husband’s conduct. Despite being aware of the pending proceedings in India, as evidenced by a “Case Conference Brief” filed by him before the Canadian Court, he deliberately chose not to appear before the Delhi High Court. More significantly, the husband had filed a legal opinion from his Indian advocate before the Canadian Court, which contained the erroneous statement that the wife’s application for restraint had been dismissed. The Court found this to be “ex facie erroneous and contrary to the records.”
Applying the principles laid down by the Supreme Court in Modi Entertainment Network v. W.S.G. Cricket Pte. Ltd., Justice Bansal observed that the defendant, though aware of the Indian proceedings, was precipitating the divorce case in Canada, possibly believing that Canadian matrimonial laws would be more advantageous to him. The Court held that allowing parallel proceedings in two countries could lead to conflicting decisions, which would defeat the ends of justice.
The Judgment
Finding that the plaintiff had made out a prima facie case, the Court granted an interim injunction restraining the husband from proceeding with the divorce suit filed by him in Canada. Since the defendant failed to enter appearance despite service, he was proceeded against ex-parte. The case was listed for further proceedings before the Joint Registrar.
This judgment serves as a crucial precedent for parties facing forum shopping in matrimonial disputes, affirming that Indian courts will protect their jurisdiction when proceedings are initiated first in India. The plaintiff in this matter was represented by Preeti Singh ,PS Law Advocates & Solicitors, whose effective arguments led to the protection of the wife’s interests against oppressive parallel litigation abroad.
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