Delhi High Court Upholds Jurisdictional Flexibility in Cross-Border Divorce Case: Emphasizes Comity of Courts and Forum Conveniens Principles”

In a significant judgment, the Delhi High Court dismissed an appeal in a cross-border matrimonial dispute, emphasizing the principles of ‘comity of courts’ and ‘forum conveniens’. The case, MAT.APP.(F.C.) 365/2023, involved a dispute over the jurisdiction between Indian and Canadian courts in the divorce proceedings of an Indian couple holding Canadian permanent residency.

The appellant, Damini Manchanda, challenged the Family Court’s decision to dismiss her application seeking an interim injunction to restrain her husband, Avinash Bhambhani, from proceeding with a divorce petition in Canada. Represented by Ms. Preeti Singh, the appellant argued that the Indian courts should have jurisdiction, citing their Indian citizenship and the potential for more comprehensive relief under Indian laws.

However, the High Court, comprising Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta, upheld the Family Court’s decision. The Court noted, “None of the parties are currently residing in India. The doctrine of forum conveniens... would make it clear that the Court in Canada is the appropriate and convenient forum for the parties to pursue their reliefs.”

The Court’s decision was significantly influenced by the principles laid down by the Supreme Court in Modi Entertainment Network and Anr. The judgment highlighted that “the relief of anti-suit injunction being discretionary in nature, a Court must consider the following aspects: a) The defendant against whom the injunction is being sought must be amenable to the jurisdiction of the Court. B) Refusal to grant the injunction would cause grave prejudice and the ends of justice will be defeated. C) The principle of comity of courts must be borne in mind and due respect must be given to the Court in which the proceedings is sought to be restrained.”

This judgment is a landmark in understanding the nuances of jurisdictional issues in transnational matrimonial disputes and underscores the importance of considering the convenience and competence of foreign courts in such matters. The High Court’s decision paves the way for a more flexible approach in dealing with cross-border legal disputes, especially in the context of family law.

Date of Decision: 19^th December 2023

DAMINI MANCHANDA VS AVINASH BHAMBHANI