ROHITH THAMMANA GOWDAversusRAJINI NALINI RAMESH
- Citation
- 2022 INSC 1321
- Decided
- 14 September 2022
- Disposal
- Directions issued
Holding
The Court added direction No. 18(v), restraining the petitioner‑husband from any coercive steps in the US proceedings and ordering the parties to jointly seek a mirroring order in the Superior Court of Washington, King County.
Summary
The Supreme Court of India entertained a petition (Conmt. Pet. (C) No. 461/2022) alleging willful disobedience of its earlier judgment dated 29 July 2022 in Civil Appeal No. 4987/2022. The earlier judgment had issued directions (paragraph 18(i) to (iv)) concerning the parties' dispute. The Court, by this order, added a further direction (18(v)) prohibiting the petitioner‑husband from taking any coercive steps against the respondent‑wife in pending proceedings before the Superior Court of Washington, King County, USA, and directed both parties to file a joint application before that court to have the Indian judgment mirrored. The order also directed the matter to be listed after ten days for the parties to place the mirror order on record. Consequently, the petition for willful disobedience was effectively resolved by the addition of the new direction, ensuring compliance with the original judgment and facilitating its enforcement abroad.
Issues considered
- What additional directions, if any, are required to ensure compliance with the judgment dated 29 July 2022 in foreign proceedings?
- Whether the petitioner‑husband may be restrained from taking coercive steps against the respondent‑wife in the Superior Court of Washington, King County, USA.
Subjects
Judgment
[2022] 5 S.C.R. 919 919
ROHITH THAMMANA GOWDA A
v.
RAJINI NALINI RAMESH
(Conmt. Pet.(C) No. 461/2022 in C.A. No. 4987/2022)
SEPTEMBER 14, 2022 B
[B. R. GAVAI AND C. T. RAVIKUMAR, JJ.]
Judgment/Order – Additional direction – Held: Directions
were issued in Paragraph 18 of the judgment dated 29.07.2022 –
In addition to that, petitioner-husband directed to not take any
C
coercive steps against the respondent-wife in any of the proceedings
pending in the Superior Court of Washington, County of King, USA
– Further, both the parties directed to file a joint application before
the Superior Court of Washington, County of King, USA for mirroring
the judgment dated 29.07.2022.
D
CIVIL ORIGINAL JURISDICTION: Conmt.Pet.(C) No. 461
of 2022 in C.A. No. 4987 of 2022.
Petition filed for willful disobedience of the judgment dated
29.07.2022 in Civil Appeal No. 4987 of 2022 passed by the Supreme
Court of India.
E
With
M.A. No. 1368 of 2022 in C.A. No. 4987/2022, M.A. No. 1369
of 2022 in C.A. No. 4987 of 2022.
R. Basant, Ms. Meenakshi Arora, Sr. Adv., Siddhant Buxy, Manu
Krishnan, Krishna Sumanth, Vivek Jain, Ms. Suchitra Kambhat, Abhinav F
Jain, Prabhajit Johar, Panveer Talwar, S. S. Jauhar, Advs. for the
appearing parties
The following Order of the Court was passed:
ORDER
G
In addition to the directions issued in paragraph 18(i) to (iv) of
the judgment dated 29.07.2022, the following direction shall be read as
direction No. 18 (v) of the said judgment:
“The petitioner-husband shall not take any coercive steps against
the respondent-wife in any of the proceedings pending in the H
919
920 SUPREME COURT REPORTS [2022] 5 S.C.R.
A Superior Court of Washington, County of King, United States of
America.”
The parties shall file a joint application before the Superior Court
of Washington, County of King, United States of America duly signed by
their respective counsel for mirroring the judgment dated 29.07.2022.
B List this matter after 10 days to enable the parties place on record
the mirror order.
Ankit Gyan Directions issued.
(Assisted by : Aarsh Choudhary, LCRA)
C
D
E
F
G
H
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