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Can Indian Courts Restrain Divorce Proceedings in Foreign Courts? Anti-Suit Injunction Explained
Explore how Indian courts grant anti-suit injunctions in matrimonial disputes involving foreign courts, explained through a Telangana High Court ruling.


Husband Sending Money to Family, Forcing Expense Tracking and Exercising Financial Dominance Does Not Amount to ‘Cruelty’ Under Section 498A IPC says Supreme Court of India
The Supreme Court quashed criminal proceedings under Section 498A IPC, holding that allegations of a husband sending money to his family, compelling expense tracking through Excel sheets, and exercising financial dominance though reflective of common social patterns do not amount to “cruelty” in the absence of tangible mental or physical harm.


International Family Law|Telangana High Court|Santoshi Pattern V. Vijay Kumar Gurramkonda|Wife Contends OCI Status + US Citizenship precludes Indian Court Jurisdiction in Divorce & Child Custody
A wife claimed that her NRI status and U.S. citizenship stripped Indian courts of jurisdiction over the couple’s divorce and custody dispute. The Telangana High Court rejected this argument, reaffirming that foreign citizenship cannot be used to block Indian matrimonial proceedings when the couple last resided together in India.
Mumbai Family Court Has Jurisdiction in NRI Marriage Under Hindu Marriage Act -Sondur Rajini v. Sondur Gopal (2005)
In Sondur Rajini v. Sondur Gopal , the wife filed a petition for judicial separation, custody of minor children, and maintenance under the Hindu Marriage Act (HMA) . The NRI husband objected, claiming that both parties were citizens of Sweden and not domiciled in India , and therefore the Mumbai Family Court lacked jurisdiction under Section 1(2) of the HMA. The wife argued that their domicile of origin was India , which she had never abandoned, and that even if the husband
Delhi High Court: Maintenance for NRI Marriage Recognised in India
In Indira Sonti v. Suryanarayan Murty Sonti , the plaintiff wife , married in the United States to an NRI , was deserted by her husband and returned to India. She filed a maintenance suit under the Hindu Adoptions and Maintenance Act . Though the marriage took place in the U.S., the wife contended that part of the cause of action arose in Delhi . She stated that her father-in-law had contacted her father in New Delhi regarding her marriage, had arranged for her return to De
Madras High Court: Foreign Divorce Decree from Scotland Challenged Under Section 13 CPC
In Balasubramaniam Guhan v. T. Hemapriya , the Madras High Court applied Section 13 of the Civil Procedure Code (CPC) to an NRI marriage scenario. The wife filed a suit seeking to declare a divorce decree passed by a Scottish court as ultra vires, illegal, unenforceable, and without jurisdiction , and also sought a consequential injunction restraining her husband from enforcing the decree, including any claims to marry a second wife. The Court held that if a foreign judg
Supreme Court: Child’s Welfare Above U.S. Custody Order
In Sarita Sharma v. Sushil Sharma , the petitioner husband had filed for divorce in U.S. courts . During the ongoing custody proceedings, where both parties had been appointed as managing conservators of their children, the wife brought the children to India, allegedly without informing the husband. The husband alleged that the children were in illegal custody of the wife, and the High Court initially directed Sarita Sharma to restore custody of the two children to him and
Delhi High Court: No-Fault Divorce from U.S. Court Invalid Under Hindu Marriage Act
In Anubha v. Vikas Aggarwal , 100 (2002) DLT 682, the Delhi High Court examined a crucial question: Can a decree of “no-fault divorce” granted by a court in the United States be enforced in India when the marriage was solemnised under Hindu rites , and the wife neither consented to the divorce nor submitted to the jurisdiction of the foreign court? The case arose when the wife filed a suit seeking a declaration that she was entitled to live separately from her NRI husband
Delhi High Court: NRI Husband Cannot Evade Indian Law by Staying Abroad
In Rajiv Tayal v. Union of India & Ors. , 124 (2005) DLT 502: 2005 (85) DRJ 146, the Delhi High Court addressed an important issue concerning the jurisdiction of Indian courts over NRI husbands who evade legal proceedings initiated by their wives. The case arose when an NRI husband filed a writ petition challenging the order of the Consulate General of India, New York , which had impounded his passport under Section 10 of the Passport Act, 1967 , following directions from
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