Mihir Prakash Bajoria v. Vidushi Jain Bajoria, Decided on September 22, 2026, 2026 INSC 1034
The Supreme Court upheld the Calcutta High Court’s decision to dismiss an “anti-suit injunction” that had been previously granted by a lower Indian court. This means the husband cannot use an Indian court order to block or stop the wife from continuing her divorce and maintenance proceedings in the UK Family Court, especially since the UK court was found to be a convenient forum given their long-term residence history there.
An Indian court should not grant an anti-suit injunction to stall ongoing family court proceedings in a foreign country prematurely based merely on speculations that the foreign court might apply grounds (such as irretrievable breakdown of marriage) not recognized under Indian law, especially when the foreign court is determined to be the natural and convenient forum given the parties’ long-term habitual residence and substantial connection there.
The couple, who married in Kolkata in 2018, spent a significant portion of their married life living together in London. After moving back to India, they separated in November 2023, leading the husband to file a divorce suit in India under the Hindu Marriage Act in September 2024, while the wife subsequently filed for divorce and financial relief in a UK Family Court in October 2024.
The husband then filed a title suit in an Indian trial court seeking an “anti-suit injunction” to block the wife from pursuing her UK court proceedings, arguing that the UK grounds were not recognized in India. Although the trial court initially granted the injunction, the Calcutta High Court set it aside, prompting the husband to appeal to the Supreme Court of India, which ultimately dismissed his appeal and upheld the freedom to continue the foreign proceedings.