Sahni and Kamdar

In this proceeding before Judge A Kelly, the applicant, Mr Sahni, sought orders restraining the respondent, Ms Kamdar, from continuing or commencing certain proceedings in India. The dispute concerned the prosecution of multiple suits by Ms Kamdar in India for the recovery of maintenance and related relief, as well as relief concerning property of the parties. Mr Sahni also sought orders preventing Ms Kamdar from leaving Australia.

The court was required to determine whether to grant an injunction restraining Ms Kamdar from prosecuting her Indian proceedings, and whether to restrain her from leaving Australia. The court also had to consider the terms of any such injunctions, including exceptions for specific types of proceedings, and the procedural steps required for their implementation and eventual vacation.

The court reasoned that it had the power to grant such injunctions to prevent vexatious or oppressive litigation, or where proceedings in a foreign jurisdiction were contrary to the interests of justice. The court applied principles relating to the exercise of its discretion to restrain foreign proceedings, considering factors such as the connection of the parties and the subject matter to Australia, and the potential for multiplicity of proceedings. The court also considered the need to ensure the efficacy of Australian family law proceedings.

The court ordered that Ms Kamdar be restrained from continuing her existing maintenance and property-related suits in India, and from commencing any new such proceedings. However, exceptions were made for a criminal proceeding concerning dowry and for proceedings to recognise or enforce Australian orders. Ms Kamdar was also ordered to take steps to stay her Indian suits and discharge an Indian injunction. Furthermore, Ms Kamdar was restrained from leaving Australia, with provisions for her placement on an Airport Watch List, and the matter was listed for mention and final hearing. Costs were reserved.