Transfer Petition in Matrimonial Case Withdrawn Before Supreme Court

The Supreme Court, in an order dated February 25, 2022, dismissed the transfer petition filed by Naseema Khan against Rahul Singh after the petitioner’s counsel sought to withdraw the case. The Court allowed the withdrawal without further deliberation on the merits of the petition.

Background of the Case

The case involved a matrimonial dispute between Naseema Khan and Rahul Singh. The petitioner had filed a transfer petition under Section 25 of the Code of Civil Procedure (CPC), seeking the transfer of ongoing legal proceedings from one jurisdiction to another.

The specific details of the dispute and the reasons for seeking transfer were not discussed in the final order, as the petitioner chose to withdraw the petition.

Legal Proceedings

• 2019: Naseema Khan filed a transfer petition in the Supreme Court.
• February 25, 2022: The matter came up for hearing before the Court.
• The petitioner’s counsel informed the Court of the decision to withdraw the petition.
• The Supreme Court, without passing any orders on the merits of the case, dismissed the petition as withdrawn.

Arguments Presented

Petitioner’s (Naseema Khan’s) Arguments

The petitioner initially sought the transfer of the case but later instructed her counsel to withdraw the petition. The reasons for withdrawal were not explicitly stated in the order.

Respondent’s (Rahul Singh’s) Arguments

Since the petition was withdrawn, the respondent’s arguments were not recorded or considered.

Supreme Court’s Observations

The Court, in a brief order, recorded:

“Learned counsel appearing for the petitioner states that he has instructions to withdraw the Transfer Petition. Accordingly, the Transfer Petition is dismissed as withdrawn.”

Final Judgment

The Supreme Court ruled:

• The transfer petition was dismissed as withdrawn.
• No orders were passed regarding the merits of the case.
• Both parties were left to pursue their respective legal remedies.

Implications of the Judgment

This ruling highlights key aspects of matrimonial transfer petitions:

• Discretion of Petitioners: Petitioners have the right to withdraw their cases at any stage without the Court making a ruling on the merits.
• No Adverse Findings: Since the petition was withdrawn, there was no adverse order against either party.
• Jurisdictional Flexibility: The ruling does not affect the parties’ ability to file fresh petitions in the appropriate legal forum.

The Supreme Court’s decision reflects the importance of allowing parties to control their litigation strategies, particularly in matrimonial disputes.

Petitioner Name: Naseema Khan.
Respondent Name: Rahul Singh.
Judgment By: Justice Abhay S. Oka.
Place Of Incident: Not specified.
Judgment Date: 25-02-2022.

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