Prachi Jain v. Shreyansh Jain

Supreme Court of India · 03 Dec 2021
Abhay S. Oka
Transfer Petition(s)(Civil) No.195/2020
family appeal_allowed

AI Summary

The Supreme Court permitted the respondent to withdraw the Hindu Marriage Petition, resulting in disposal of the transfer petition as infructuous, with liberty to revive if withdrawal fails.

Full Text
Translation output
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
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.
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
JUDGMENT