ORAL JUDGMENT :-
Rule. Rule made returnable forthwith. Heard finally by consent.
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02] In support of their contention, the principles of comity of Courts is required to be respected by the Courts in India. The learned Counsel for the petitioner and the learned Counsel for the respondent no.1, both are relying in their own ways on the judgments of the Hon'ble Apex Court rendered in the case of Y. Narasimha Rao & others vs. Y. Venkatalakshmi & another - (1991) 3 SCC 451 and and of the learned Single Judge of this Court in Dr. Sumit s/o Narayanprasad Fogla vs. Sou. Shradha w/o Sumit Fogla - 2015(5) ALL MR 501. These judgments, in an elaborate manner, lay down the nitty-gritty of the principle of comity of Courts and the circumstances when a foreign judgment is treated as conclusive and binding upon the parties agitating before the Indian Courts.
03] Upon going through these judgments, it has emerged on record that the issue of lack of jurisdiction of the Courts in India will have to be decided and in the peculiar facts and circumstances of the case, it could not have been possibly decided effectively without giving the parties an opportunity to lead the evidence in the matter inasmuch as the other relevant principles including the principle of estoppel would also have to be considered for their application to the facts of the case or otherwise.
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04] Accordingly, the impugned order, in my considered view, cannot be sustained in the eye of law and it deserves to be quashed and set aside and the matter needs to be remitted back to the Family Court for deciding the objection afresh in accordance with law.
05] The petition is allowed. The impugned order is quashed and set aside. The matter is remanded back to the Family Court, Nagpur for deciding the objection afresh in accordance with law. The objection shall be treated as a preliminary objection as contemplated under Order 14 Rule 2(2) of the Code of Civil Procedure and it be decided in accordance with law. The parties to appears before the Family Court, Nagpur on the next date already fixed in the matter.
06] Rule is made absolute in the above terms with no order as to costs.
(S.B. SHUKRE, J.)
*sandesh
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