same or any other Court in [India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of [India] [Substituted ... Majesty in Council" . ] . Explanation .-The pendency of a suit in a foreign Court does not preclude the Courts in [India] [Substituted
called a "District Court"), and includes the local limits of the ordinary original civil jurisdiction of a High Court; (5) [ "foreign Court" means a Court ... Section 4, for the original clause.] (6) "foreign judgment" means the judgment of a foreign Court; (7) "Government Pleader" includes any officer appointed
have their disputes resolved by a
Foreign Court termed as a 'neutral court' or
'court of choice' creating exclusive ... English Court and a
foreign court the English Court would
normally only restrain the plaintiff
from pursuing the foreign proceedings if
it would be vexatious
when
interim or interlocutory orders have been passed by foreign
courts;
c. If a foreign court has jurisdiction to hear the matter, then
an interim ... court in his own country.
Should the court take a view that an elaborate enquiry is
necessary, obviously the court is bound to consider
SC1480 (54)
ACT:
Foreign Judgment How far binding-If affects properties
outside jurisdiction of foreign Court-Proceedings in foreign
Court-Natural justice, violation of-Proof ... proper, is for the foreign court to decide and
not for the court in which the foreign judgment is pleaded
as conclusive.
To be conclusive
Court the appellants filed appeal in
this Court.
Dismissing the appeal, this Court,
HELD: 1. The decree dissolving the marriage passed by
the foreign court ... deduced for recognising a
foreign matrimonial judgment in this country. The
jurisdiction assumed by the foreign court as well as the
grounds on which
Delhi High Court which was allowed.
The matter was brought before this Court by the wife. This Court
heavily relied upon its earlier judgment ... minor is within the jurisdiction of the Court.
This Court further held that the High Court while dealing with the
petition for issuance of habeas
parent from a foreign country to India and its retention in the
face of an order of a competent foreign court directing its return ... court in his own country. Should the court take a view that
an elaborate enquiry is necessary, obviously the court is
bound to consider
merits by the Italian court - that
domestic court before whom the matter comes (the Ontario
4
{1965} Ch.217
14
court in the case ... court in his own country. Should the court
take a view that an elaborate enquiry is necessary, obviously the
court is bound to consider
this court on the issue of child custody where a foreign country or
foreign court is concerned on the one hand and India ... favour of that court rather than the Family Court. We
are assuming that the Family Court was a court of competent jurisdiction
although we must
