ASHA HARKISHIN PREMISINGH otherwise known as ASHA HARKISHIN PREMSINGH nee ASHA JETHANAND KIRPLANI v HARKISHIN ISARSINGH PREMSINGH KISHINANI otherwise known as HARKISHIN ISARSING PREMISING KISHINANI otherwise known as HARKISHIN ISARSING PREMSING

Read the full judgment text of CACV 000845/2000 on BabelCite. This Court of Appeal judgment was delivered on 20 November 2001 before Rogers VP, Le Pichon JA and Beeson J.

Divorce – Maintenance pending suit – Forum conveniens – Stay of proceedings – Injunction to restrain foreign proceedings – Vexation and oppression – Matrimonial Causes Ordinance – Parties married in Bombay, lived in Hong Kong – Husband filed divorce in India, Wife in Hong Kong – Husband sold matrimonial home – Deputy District Judge ordered maintenance, dismissed stay of Hong Kong petition, dismissed injunction against Indian proceedings – Court of Appeal held Hong Kong is natural forum – Injunction granted to restrain Indian proceedings due to vexation and oppression – Stay on wife's petition lifted to allow fresh no-fault divorce petition.

Legal issues: Forum conveniens · Injunction to restrain foreign proceedings

Outcome: Husband's appeal dismissed; Wife's cross-appeal allowed. Injunction granted to restrain husband from proceeding with divorce in India. Stay on wife's petition lifted.

Cited by 8 cases