Legal Question in Family Law in India

Family Court, Mumbai / NJ Court - Divorce/International Law

Family Court, Mumbai, India has jurisdiction on a divorce matter under Hindu Marriage Act. Petition was filed in Mumbai first.

NJ Family(Superior) Court assumed/forced jurisdiction despite being aware that matter was first filed in India and was pending in family court, mumbai. The petitioner from family court who was the respondent to NJ Court did not submit to NJ court jurisdiction, an ex-parte order was passed. The petitioner from family court had informed NJ court of the ongoing matter in India.

Mumbai Family Court, passed a restraining order against the respondent asking the respondent not to proceed in NJ Court. Also, the Family Court, Mumbai declared that if any order is passed by NJ Court, it will be null and void. This restraining order was passed prior to NJ Court passing divorce order.

Can now the family court, mumbai on a fresh petition, pass an order declaring the NJ order null and void and non-executeable. Since a foreign judgement can be presented for execution either at small causes court, or high court, or family court (district court)

Under what provisions can the family court, mumbai declare the NJ Court order null and void. Does family court have jurisdiction/authority to declare null and void?

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