In Brief
An Indian husband and wife, both US citizens residing in India, disputed jurisdiction over divorce proceedings. The husband filed divorce petition in Gurgaon Family Court under the Hindu Marriage Act; the wife subsequently filed for divorce in Florida Circuit Court on grounds of irretrievable breakdown. The husband sought an anti-suit injunction to restrain the wife from pursuing the US proceedings. The Supreme Court dismissed the appeal, holding that while the wife was amenable to Indian jurisdiction, the Florida court had concurrent jurisdiction, and the husband failed to demonstrate grave injustice or defeat of justice if the injunction was declined. Foreign courts exercising concurrent jurisdiction are entitled to respect under the comity doctrine and cannot be presumed to act wrongly merely because the applicable personal law differs.
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