Supreme Court: Foreign judgement violative of Indian law not binding on Indian courts

The Supreme Court in the case observed and has held that a foreign judgment that goes against Indian law is not conclusive between parties involved and not binding on the Indian Courts.

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The bench comprising of Justice Surya Kant and Justice Ujjal Bhuyan in the case was hearing the challenge against the order of the Gujarat High Court, wherein the court dismissed the writ petition of Habeas Corpus seeking repatriation of the minor daughter which being on the basis of an order from the US Court.

However, the US Court order, supposedly obtained from a Minnesota court in July 2023, was held to be not binding on the respondents or the children.

The bench in the case noted that section 13(f) of the Civil Procedure Code, 1908, supports this stance.