Divorce Case Withdrawal: Supreme Court Disposes of Transfer Petition

The Supreme Court of India recently addressed a transfer petition in a matrimonial dispute between Prachi Jain (petitioner) and Shreyansh Jain (respondent). The case revolved around the respondent’s request to withdraw the Hindu Marriage Petition (H.M.A. No. 2553 of 2019), which had initially been the subject of the transfer petition. With the withdrawal of the original case, the Supreme Court found that there was no remaining issue to adjudicate and accordingly disposed of the transfer petition.

Background of the Case

The dispute originated when Prachi Jain, the petitioner, sought the transfer of the matrimonial case filed by the respondent, Shreyansh Jain. The case was pending before a Family Court, and the petitioner had requested its transfer on various grounds. During the course of proceedings, the Supreme Court had granted a stay on the matter, preventing further action in the Family Court.

Respondent’s Application for Withdrawal

During the pendency of the transfer petition, the respondent, Shreyansh Jain, filed an application (IA No. 50203 of 2021) seeking permission to withdraw the Hindu Marriage Petition. His counsel argued that, due to the stay order granted by the Supreme Court, he was unable to formally approach the Family Court for withdrawal. Instead, he requested the Supreme Court to acknowledge his intent to withdraw the case.

Read also: https://judgmentlibrary.com/supreme-court-transfers-divorce-case-from-rajasthan-to-gujarat/

Supreme Court’s Observations

The Court noted that if the withdrawal was permitted, the transfer petition itself would become moot, as there would be no case left to transfer. Taking into account the respondent’s request, the Supreme Court recorded his statement regarding withdrawal and disposed of the transfer petition.

Final Order

The Supreme Court ruled:

• Since the respondent had expressed his intention to withdraw the Hindu Marriage Petition, the transfer petition was no longer relevant.
• However, if the respondent proceeded with the case without withdrawal or if the Family Court disallowed the withdrawal request, the petitioner retained the right to seek revival of the transfer petition.

Key Takeaways

• Withdrawal of Matrimonial Cases: A party can withdraw a divorce or matrimonial case at any stage, provided they follow the due process and obtain the necessary permissions.
• Transfer Petitions Become Infructuous: If the case being sought for transfer is withdrawn, the request for transfer automatically becomes irrelevant.
• Right to Revival: If the withdrawal does not proceed as intended, the affected party retains the right to seek reconsideration of their legal remedy.

This case highlights the procedural aspects involved in matrimonial disputes and transfer petitions, emphasizing the importance of proper legal steps in the withdrawal of ongoing cases.

Petitioner Name: Prachi Jain.
Respondent Name: Shreyansh Jain.
Judgment By: Justice Abhay S. Oka.
Place Of Incident: India.
Judgment Date: 03-12-2021.

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