Case Note & Summary
The case involves a contempt petition filed by Sudhir Kumar Singh against Jaishri @ Jaishree @ Smt. Jaishri in the Supreme Court of India, arising from a transfer petition. The petitioner sought permission to withdraw the contempt petition, citing the respondent's failure to abide by agreed terms and conditions, with the intention to raise all points and issues in a fresh divorce petition. The respondent's counsel submitted that there were good grounds for the respondent not wanting to reside or co-habit with the petitioner. The Supreme Court, recording these submissions and without making any comments in favor of either party, dismissed the contempt petition as withdrawn, granting the petitioner liberty to file a fresh divorce petition. The order was passed by Justice Sanjiv Khanna on December 9, 2021, in New Delhi.
Headnote
A) Contempt of Court - Withdrawal of Contempt Petition - Liberty to File Fresh Divorce Petition - The petitioner sought withdrawal of the contempt petition with liberty to raise all points in a fresh divorce petition due to respondent's failure to abide by agreed terms - The Supreme Court allowed withdrawal without commenting on merits, leaving it open to the petitioner to file a fresh divorce petition (Para 1).
Issue of Consideration
Whether the contempt petition should be entertained when the respondent has failed to abide by agreed terms and the petitioner seeks to withdraw it with liberty to file a fresh divorce petition.
Final Decision
The contempt petition is dismissed as withdrawn, leaving it open to the petitioner to file a fresh divorce petition.
Law Points
- Withdrawal of contempt petition
- liberty to file fresh divorce petition
- failure to abide by agreed terms
