Foreign Judgment Violative of Indian Law is not Conclusive between the Parties, Hence Not Binding on Indian Courts: Supreme Court

Recently, the Supreme Court (SC) of India was hearing a challenge against the Gujarat High Court order dismissing the writ of Habeas Corpus filed by the petitioner seeking repatriation of the minor daughter based on an order from the US Court. The bench constituting Justice Surya Kant and Justice Ujjal Bhuyan held that a foreign judgment violative of Indian law is not conclusive between the parties involved; therefore, not binding on the Indian courts. This was pronounced by the SC bench in an order dated August 05, 2024, “A foreign judgment violative of Indian law is not conclusive between the parties and thus, Indian Courts are not bound to follow it.”

After hearing the learned Senior counsel/counsel for the parties and after careful perusal of all the materials placed on record, the top court observed that “the petitioner has not approached the UD Courts or Indian Courts with clean hands.” It added, “In any case, his effort to secure temporary custody of the children through a Writ of Habeas Corpus, especially when both the children are girls and are living with their mother, can neither be entertained nor appreciated.” Further, the top court dismissed the special leave petition with a direction that “the interim arrangement made by this Court shall continue to operate as an interim measure till the custody issue is resolved by the court of competent jurisdiction in India.”

The SC bench also clarified that “...no attempt shall be made or allowed by the Indian authorities or the Indian Courts (except this Court) to affect the status of the children or their mother, who are staying in India, in purported compliance to an order the petitioner is claimed to have obtained from the District Court, Fourth Judicial District, Family Court Division, State of Minnesota, U.S.A. in July 2023.” It added, “A foreign judgment violative of Indian law is not conclusive between the parties and thus, Indian Courts are not bound to follow it.” The bench also said that this principle is also recognized by Section 13(f) of the CPC (Civil Procedure Code), 1908. Hence, the aforesaid order is not binding on the respondents or the children.