Case Note & Summary
The case involved a transfer petition filed by Prachi Jain against Shreyansh Jain in the Supreme Court of India. The respondent, Shreyansh Jain, sought permission to withdraw his Hindu Marriage Petition (H.M.A. No. 2553 of 2019), which was the subject of the transfer petition. The learned Senior Advocate for the respondent indicated that due to a stay granted by the Supreme Court, the respondent was unable to approach the Family Court for withdrawal. The court noted that if the withdrawal was permitted, the transfer petition would become irrelevant. The court took the respondent's statement on record regarding his desire to withdraw the petition and disposed of the transfer petition accordingly. It also stated that should the respondent attempt to proceed with the petition without formal withdrawal or if the Family Court disallowed the withdrawal, the petitioner could seek revival of the transfer petition. The judgment was delivered by Justice Abhay S. Oka on December 3, 2021.
Headnote
A) Family Law - Withdrawal of Petition - Permission to Withdraw - Hindu Marriage Petition - Respondent sought permission to withdraw his petition, which if allowed, would render the transfer petition moot. The court disposed of the transfer petition based on the respondent's statement of intent to withdraw, allowing for revival if the withdrawal is not granted by the Family Court. Held that the transfer petition is disposed of in light of the withdrawal request (Paras 1-2).
Issue of Consideration
Whether the respondent can withdraw the Hindu Marriage Petition and what implications it has on the transfer petition.
Final Decision
The Supreme Court disposed of the transfer petition based on the respondent's request to withdraw his Hindu Marriage Petition, allowing for revival if necessary.
Law Points
- Withdrawal of petition
- Transfer of cases
- Family law
