Thursday, 16 July 2015

What is "first strike" principle under international law?

 What are the situations in which an interim or an interlocutory order of a foreign court may be ignored? There are very few such situations. It is of primary importance to determine, prima facie, that the foreign court has jurisdiction over the child whose custody is in dispute, based on the fact of the child being ordinarily resident in the territory over which the foreign court exercises jurisdiction. If the foreign court does have jurisdiction, the interim or interlocutory order of the foreign court should be given due weight and respect. If the jurisdiction of the foreign court is not in doubt, the "first strike" principle would be applicable. That is to say that due respect and weight must be given to a substantive order prior in point of time to a substantive order passed by another court (foreign or domestic).{PARA 56}
Supreme Court of India
Surya Vadanan vs State Of Tamilnadu & Ors on 27 February, 2015

Bench: Madan B. Lokur, Uday Umesh Lalit
Read full judgment here;click here
Citation;AIR2015SC2243, I(2015)DMC722SC,(2015)5SCC450

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