Supreme Court Disposes Transfer Petition Following Reconciliation Between Parties. Reconciliation Led to Withdrawal of Divorce and Maintenance Petitions, and Directions Issued for Withdrawal of Visitation Rights Petition.

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Case Note & Summary

The case involved a transfer petition filed by the petitioner-wife against the respondent-husband. During the proceedings, both parties reconciled and decided to reside together in Jabalpur, Madhya Pradesh. The petitioner’s counsel indicated that the petitioner no longer wished to pursue the transfer petition and had also withdrawn the divorce and maintenance petitions previously filed against the respondent in Amritsar. The court acknowledged this development and directed the respondent to take necessary steps to withdraw his writ petition concerning visitation rights in the Madhya Pradesh High Court within one week. Consequently, the transfer petition was disposed of as withdrawn, and the interim order dated 5th December 2019 was vacated.

Headnote

A) Family Law - Transfer of Petition - Withdrawal of Transfer Petition - Transfer Petition (Civil) No.2792/2019 - Parties reconciled and resolved disputes, leading to withdrawal of the transfer petition and divorce petition. Court directed the respondent to withdraw the writ petition seeking visitation rights within one week. Held that the transfer petition is disposed of as withdrawn (Paras Not mentioned).

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Issue of Consideration

Whether the transfer petition should be pressed or withdrawn following reconciliation between the parties.

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Final Decision

The Supreme Court disposed of the transfer petition as withdrawn, directing the respondent to withdraw his writ petition seeking visitation rights within one week.

Law Points

  • Transfer of petitions
  • reconciliation
  • withdrawal of petitions
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Case Details

2021 LawText (SC) (09) 173

Transfer Petition (Civil) No.2792/2019

2021-09-24

Hima Kohli

Sadhika & Ors.

Neeraj Shrivastav & Anr.

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Nature of Litigation

Transfer petition concerning family law disputes.

Remedy Sought

Petitioner sought transfer of petitions to a different jurisdiction.

Filing Reason

Disputes between the parties necessitated the transfer.

Issues

Whether the transfer petition should be pressed or withdrawn following reconciliation.

Submissions/Arguments

Petitioner indicated no desire to press the transfer petition. Respondent agreed to the withdrawal of the divorce and maintenance petitions.

Ratio Decidendi

The court recognized the reconciliation between the parties and allowed the withdrawal of the transfer petition and related petitions.

Judgment Excerpts

The parties have resolved their inter se disputes and have reunited. The petitioner-wife and the respondent-husband are residing together at Jabalpur, Madhya Pradesh. The present Transfer Petition is, accordingly, disposed of as withdrawn.

Procedural History

The transfer petition was filed, and during the proceedings, the parties reconciled and withdrew their petitions.

Acts & Sections

  • Transfer of Petitions:
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