Court cracks down on ‘proxy litigation’ by foreign nationals in matrimonial disputes

The Punjab and Haryana High Court has expressed strong disapproval of a “disturbing” trend where foreign nationals, who have voluntarily acquired citizenship of another country, initiate criminal proceedings in India against their estranged spouses or in-laws purely for harassment.

“Of late, this court has observed a disturbing trend where criminal prosecution is initiated in matrimonial disputes in India by foreign nationals, who have voluntarily availed citizenship of another country and are in continuous residence there. In doing so, they have submitted themselves to the jurisdiction of foreign courts of the competent jurisdiction,” the court asserted.

Referring to such cases stemming from settled matrimonial disputes abroad, Justice Harpreet Singh Brar asserted that proxy litigation in India was an abuse of the judicial process and could not be permitted. The court asserted the couple involved had already obtained a divorce and settled issues pertaining to “spousal support, custody of children and such” by approaching the courts of the country of their residence.

But criminal complaints were filed in India merely for harassment. “When the matrimonial disputes stand settled by the concerned forum abroad, proxy litigation in India cannot be allowed to be commenced in India to satisfy personal spite,” the court observed.

Decrying the practice, Justice Brar asserted the “odious act” of initiating criminal prosecution to harass hapless relatives residing in India was clearly “an atrocious abuse of the process of law, which cannot go unchecked,” the court asserted.

Referring to the adverse impact of such “vexatious proceedings”, Justice Brar asserted these not only clogged an already overburdened judiciary, but also tarnished the sanctity of the justice system. “This court strongly condemns such unscrupulous and unethical practice and is of the stern opinion that the stream of justice must not be allowed to be clogged by ill-intended, vexatious proceedings which further burdens the already overworked courts,” the court observed.

Before parting with the matter, Justice Brar added the sanctity of the judicial process could not be allowed to be smeared by “letting ill-intentioned, resentful litigants use it as an instrument of oppression”. The observations are significant as they come at a time when matrimonial litigation with cross-border implications has surged raising concerns over jurisdictional misuse and procedural fairness. It underscores the importance of protecting the integrity of the judicial process while addressing the challenges of globalised matrimonial disputes.

The court also quashed an FIR registered on February 28, 2019, under Sections 498-A and 406 of the IPC at the Morinda City police station. The complaint had alleged stated that his daughter was harassed after her marriage in 2011, including during her stay in Australia. The court allowed the petition, citing the misuse of criminal proceedings in matrimonial disputes resolved abroad.