Introduction: The case of Anima Shaukat Ali vs. Sagar Kareem involves a matrimonial dispute between the petitioner and the respondent. An injunction was sought against the respondent from further prosecuting a case in the Dubai Court of First Instance while proceedings were ongoing in the Family Court at Thrissur. The petitioner also sought precedence and expedition of proceedings in the Family Court.
Background: The petitioner filed for divorce and custody of a minor child under the Dissolution of Muslim Marriage Act, 1939, before the Family Court at Thrissur. Simultaneously, the respondent initiated proceedings in the Dubai Court regarding the same issues. The petitioner filed an objection before the Dubai Court apprehending unfavorable outcomes.
Key Arguments: The petitioner argued that allowing proceedings in the Dubai Court would lead to contradictory orders and should be restrained. Reference was made to a judgment by the Supreme Court regarding jurisdictional issues in similar cases.
Court’s Observations: The court observed that there was no provision enabling it to restrain a person from moving a foreign court in a matter pending before it. It emphasized the principle of comity of courts and the importance of respecting foreign court orders.
Court’s Decision: The court dismissed the petition, stating that the petitioner should address grievances regarding the foreign court proceedings in that court. It affirmed that this court could not interfere with territorial jurisdiction and should uphold the principles of comity of courts.
Conclusion: The court’s decision underscores the importance of respecting foreign court orders and the limitations of the local court’s jurisdiction in matters involving foreign courts. It reaffirms the principle that grievances regarding foreign court proceedings should be addressed in the respective foreign courts.
Reference : https://indiankanoon.org/doc/48244192/