Anti Suit Injunction– (mainly in child custody cases)

When a court restrains a party to a suit/ proceeding before it from instituting or prosecuting a case in another court including a foreign court, it is called anti-suit injunction. In exercising discretion to grant an anti-suit injunction the court must be satisfied of the following aspects:

(a) the defendant against whom injunction is sought is amenable to the personal jurisdiction of the court.

b) if the injunction is declined, the ends of justice will be defeated, and injustice will be perpetuated.

(c) the principle of comity- respect for the court in which the action commenced or continues,

Proceedings sought to be restrained- must be borne in mind. In a case where more forum than one is available, the court will examine as to which is the appropriate forum having regard to the convenience of the parties and may grant anti-suit injunction in regard to the proceedings which are oppressive or vexatious or in a forum non-conveniens. Where parties have agreed under a non-exclusive jurisdiction clause to approach a neutral foreign forum and to be governed by a law applicable to it, ordinarily no anti-suit injunction will be granted. A party to a contract containing a jurisdiction clause cannot normally be prevented from approaching the court of choice of the parties as it would amount to aiding breach of the contract as the proceedings in that court cannot per se be treated as vexatious or oppressive nor can the court be said to be forum non-conveniens. The burden of establishing that the forum of choice is a forum non-conveniens or the proceedings therein are oppressive or vexatious would be on the party so contending to aver and prove. (Modi Entertainment Network v. WSG Cricket Pte. Ltd. 2003 SCC).