Dinesh Singh Thakur vs Sonal Thakur
AIR 2018 SUPREME COURT 2094; 2018 INSC 356
Coram: Hon’ble Justice R.K. Agrawal & Hon’ble Justice R. Banumathi
Forum: Hon'ble Supreme Court of India
Case No.: Civil Appeal No. 3878 of 2018
Date of Decision: April 17, 2018

Facts/Background:

  • The husband, Dinesh Singh Thakur, worked in the USA when he married the respondent in 1995. Both became U.S. citizens in 2003 and obtained PIO and OCI statuses in 2003 and 2006, respectively.
  • Sonal Thakur, the wife, came to the U.S. on a Dependent Visa with the appellant. They had two children from their marriage.
  • The Appellant had filed a divorce petition, H.M.A. No. 601 of 2016 under Sections 13 and 26 of the Hindu Marriage Act, 1955, in the Family Court, Gurgaon, was pending.
  • Subsequently, the Respondent filed a divorce petition in the Circuit Court, Florida, USA, on grounds of irretrievable breakdown of marriage.
  • In response, the Appellant filed Civil Suit No. 15 of 2016 in District Judge, Family Court, Gurgaon, seeking a permanent injunction to restrain the Respondent from pursuing a divorce petition in the USA.
  • On 26.09.2016, the District Judge, Family Court, Gurgaon, granted the Appellant an ex parte ad interim injunction, restraining the Respondent from pursuing her divorce petition in the U.S. On the Respondent's application to vacate the injunction, the District Judge vacated it on 18.10.2016.
  • Aggrieved, the Appellant had filed a revision petition, CR No. 7190 of 2016, before the High Court of Punjab & Haryana, but the petition was dismissed on 03.11.2016.
  • Hence, the Appellant filed the present appeal by special leave before this Court.

Main Issue:

  • Whether a party to a marriage seeking an injunction to restrain the other party from pursuing legal proceedings in a foreign jurisdiction entitled to an anti-suit injunction?