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Transfer ( S)(Civil ) No 195/2020 Prachi Jain vs Shreyansh Jain

Supreme Court Of India|03 December, 2021
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JUDGMENT / ORDER

Summary

Issue: Withdrawal of a Hindu Marriage Petition
Rule: Hindu Marriage Act, 1955 and Code of Civil Procedure, 1908
Application: The respondent has sought permission to withdraw the petition, which is being considered by the Court
Conclusion: The respondent has the right to withdraw the petition, but the petitioner has the right to oppose the withdrawal and seek a decision on the merits of the case
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION IA No. 50203 of 2021 In Transfer Petition(s)(Civil) No.195/2020 PRACHI JAIN Petitioner VERSUS SHREYANSH JAIN Respondent O R D E R Heard the learned counsel appearing for the petitioner and the learned Senior Advocate appearing for the respondent. Perused the application filed by the respondent. By the said application, the respondent is seeking a permission to withdraw Hindu Marriage Petition bearing H.M.A. No. 2553 of 2019 filed by him in respect of which the prayer for transfer has been made in this petition. The learned Senior counsel stated that in view of the stay granted by this Court in the present petition, the respondent cannot move the concerned Family Court for grant of permission for withdrawal of the petition.
SIGN If the prayer for withdrawal of the petition filed by the respondent is allowed, nothing will survive in this petition.
By taking the statement of the respondent on record that he wants to withdraw the petition as mentioned in IA No. 50203 of 2021, the present Transfer Petition is disposed of. In the event, the respondent without withdrawing the petition tries to prosecute the same or in the event the prayer for withdrawal is disallowed by the concerned Family Court, the petitioner can always apply for revival of this petition.
. J.
[ABHAY S. OKA] NEW DELHI; DECEMBER 03, 2021
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Title

Transfer ( S)(Civil ) No 195/2020 Prachi Jain vs Shreyansh Jain

Court

Supreme Court Of India

JudgmentDate
03 December, 2021
Judges
  • Abhay S Oka