Topic
The Supreme Court upheld the Calcutta High Court’s decision to vacate an anti-suit injunction against a UK divorce suit. It held that forum non conveniens and comity of courts bar Indian courts from restraining pending foreign matrimonial litigation when foreign forum is appropriate.
The Supreme Court held that Abu Salem had not served the 25-year limit guaranteed by India’s sovereign assurance to Portugal, barred double-counting of overlapping pre- and post-conviction custody, and clarified that remission earned in jail cannot be added to a life sentence. The ruling affects extradition-based sentences and clarifies how custodial periods and remission are computed for life imprisonment.
The Calcutta High Court enforced a Canadian court’s custody order, directing the return of a Canadian-born child to Ontario despite a habeas corpus petition filed in India. This ruling affirms that international custody determinations, especially when grounded in shared parenting agreements and child welfare principles, prevail over domestic writ jurisdiction-setting a critical precedent for cross-border family law disputes involving dual-national children.