In a decisive ruling, the Supreme Court of India has affirmed that foreign judgments violating Indian law hold no binding power over Indian courts. The recent verdict, delivered by Justices Surya Kant and Ujjal Bhuyan, came in response to a challenge against a Gujarat High Court decision. This decision had previously dismissed a petition seeking the repatriation of a minor, based on a ruling from a Minnesota court.
The court scrutinized the US order, issued in July 2023, and found it non-binding on the involved parties within India. The bench underscored that Section 13(f) of the Civil Procedure Code, 1908, explicitly states that foreign judgments are not final if they contravene Indian laws. This section provides that any foreign judgment founded on a breach of Indian law is not conclusive.
In this custody dispute case, the Supreme Court rejected a writ of Habeas Corpus petition for the temporary custody of two girls currently residing with their mother in India. The Court emphasized that Indian authorities and courts are prohibited from altering the status of the minors or their mother in an attempt to comply with the US court’s order.
The ruling clarifies that no Indian authority or court, aside from the Supreme Court itself, may interfere with the status of the children or their mother based on the foreign judgment from Minnesota.
