CARPANI & ARJUNA

In proceedings before Stevenson J of the Family Court of Australia, the wife sought an anti-suit injunction to restrain the husband from continuing divorce proceedings he had commenced in India without notifying her. The husband, in turn, sought a permanent stay of the wife's Australian proceedings.

The court was required to determine whether Australia was a clearly inappropriate forum for the resolution of the parties' matrimonial dispute, and consequently, whether the wife should be permitted to continue her proceedings in Australia, and whether the husband should be restrained from pursuing his Indian proceedings.

Stevenson J found that Australia was not a clearly inappropriate forum. The court reasoned that the wife would suffer considerable inconvenience and incur unnecessary expense if the husband were permitted to continue his proceedings in India. Accordingly, the court ordered that the husband be restrained from taking any further steps in the Indian proceedings and refused his application for a permanent stay of the Australian proceedings.