End Semester Online Examination: Oct-Nov 2021 Private International Law

GUJARAT NATIONAL LAW UNIVERSITY

GANDHINAGAR
Course: Private International Law
Semester- IX (Batch: 2017-22)

End Semester Online Examination: Oct-Nov 2021

Date: 30th October, 2021

Duration: 8 hours Max. Marks: 50
Instructions:
● The respective marks for each question are indicated in-line.
● Indicate correct question numbers in front of the answer.
● No questions or clarification can be sought during the exam period, answer as it is, giving reason, if any.
● Questions are designed to measure both knowledge and understanding of a topic. Your answers should
demonstrate your understanding and application of concepts.
● Although, there is no generic structure to answer questions and thus you can devise your own analytical or
evaluative form and style. However, ensure that your answer is brief, straightforward, properly paragraphed and
outlined on key aspects that you wish to highlight.
● Depending on the nature of the question, your answer should reflect on legal concepts, rationale, illustrations,
case laws, or relevant provisions and should be characterised by comprehensiveness or breadth of view with
brevity.
● Word Limit: 7.5 Marks: 800-900 Words, 5 Marks: 600-650 Words.

Marks
Q.1 Kangana married to Dr Vikas in Indore, as per Hindu customs, in April 2013. Dr Vikas (7.5)
was a medical practitioner and carried out various assignments abroad. He travelled to
England on assignment in 2014, and worked until 2015. After that, he returned to India.
In the year 2016, he travelled to the U.S. on a temporary assignment. Kangana had joined
him in the USA, and they had two children, Aishwarya and Abhishek.

In 2018, Vikas insisted that Kangana should visit India. Despite her reluctance, Kangana
did come to India with her two children in December 2018. In October 2019, Vikas
visited Kangana and the children in India. Then, Kangana's best efforts to reach the
USA, along with her children, failed because Vikas did not provide the air fare.

A divorce petition was filed by Vikas in 2020, but Kangana was not able to go to the
USA and respond. She was unable to proceed further because Vikas refused to provide
any further financial support or to sponsor her visit. The moment Kangana arrived in
the USA, she learnt that Vikas had initiated divorce proceedings before the District
Court in Louisiana and an ex-parte divorce decree had been issued in March 2021. Later,
she discovered that Vikas has married to another woman in June 2021 in accordance
with Hindu customs

In this matter, Kangana has asked for legal advice from your law firm
Whether the decree of divorce passed by a foreign court is binding on Kangana?
Whether Kangana is estopped from challenging the said decree in India? What are the

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grounds available for her to challenge the foreign divorce decree in India? Whether the
second marriage of Vikas is valid?

Write a legal opinion.

Q.2 Within the Common Law tradition, forum non conveniens and anti-suit injunctions represent (7.5)
twin discretionary remedies to resolve conflicts between jurisdictions.

Considering the above statement, examine Indian law on forum non conveniens and anti-suit
injunctions as legal remedies applied when jurisdictional conflicts arise.

Q.3 Every legal system recognizes the importance of domicile, which plays a significant role (7.5)
in private international law. Common law traditionally uses domicile as the leading factor
in determining a person's personal law. However, the common law rule that results in the
revival of the domicile of origin has been abolished in many jurisdictions. Hence, in
contrast with civil law countries, in the USA, in New Zealand and Australia, English law
views the domicile of origin as fundamentally different from a domicile of choice. It
differs in its character, in the conditions necessary for it to be abandoned, and in its
ability to be revived.

Considering the above, describe and discuss the relevance and the concept of domicile in
Indian private international law. Review and re-evaluate the arguments of the contesting
parties along with the reasoning of the Supreme Court in Sondur Gopal v. Sondur Rajini,
(2013) 7 SCC 426 encompassing the law on domicile.

Q.4 The 1980 Hague Convention on the Civil Aspects of International Child Abduction was (7.5)
the response of the international community to the increase in the phenomenon of
parental child abduction. Apart from its wide-ranging success - ratified by more than 100
States - this Convention is also characterized by personal tragedies, legal controversies,
and diplomatic tension.

India has been accused of persistently failing to resolve abduction cases in the last
decade, showing a pattern of noncompliance. Lack of compliance is greatly attributable
to the attitude of Indian courts toward cases of international child abduction, which has
led to intensive criticism of the courts and led to India being dubbed a "safe haven" for
abducting parents.

You have recently secured legal internship at HCCH Permanent Bureau, (Head Office,
The Hague. Hence, you have been asked to carry out research and submit a report on
below mentioned aspects of Indian private international law which is relevant to the
operation of existing HCCH Convention and its anticipated ratification in India.

What are the legal principles and rationale that underlie the Indian courts'
decision-making in international child abduction cases? How consistent have been Indian
courts in the application of these legal principles and rationale in your view? The
approach to law taken by Indian courts (with emphasis on private international law) and
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End Semester Online Examination: Oct-Nov 2021 Private International Law

the 1980 International Child Abduction Convention are in conflict or conformity?

Investigate whether proposed legal mechanisms for India to deal with the menace of
international child abduction are sufficient, efficacious, and the best possible for dealing
with the problem? Describe any legal solutions that you may have in relation to
international child abduction.

Write your research report.

Q.5 Under International law, States are sovereign equals. One consequence of sovereign (5X2=
equality principle is that national courts relate to each other horizontally and no one 10)
national legal system takes priority over any other system. Yet, national rules of civil
jurisdiction routinely overlap. Thus, the law and judges often take their inspiration from
Private international law.

Based on the above statement, highlight the relevance of Private international law in the
following:
a) The recognition and enforcement of foreign awards are governed by public policy
in India.
b) Supreme Court’s decision in Alcon Electronics (P) Ltd. v. Celem S.A. of France, (2017)
2 SCC 253

Q.6 Write short notes: (5X2=

a) Incidental question 10)
b) Proper Law of Contract

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