Transfer Petition Withdrawn in Matrimonial Case: Supreme Court Dismisses Plea

The Supreme Court of India, in its order dated 12 November 2021, dismissed the transfer petition filed by the petitioner, Smt. Nidhi Kumari, against the respondent, Sh. Archit Bhartiya, after the petitioner voluntarily sought to withdraw her plea. The case, Transfer Petition (Civil) No. 1427 of 2018, involved a request to transfer a pending matrimonial case from one jurisdiction to another.

Background of the Case

The petitioner, Smt. Nidhi Kumari, had filed a transfer petition under Section 25 of the Code of Civil Procedure (CPC), seeking the transfer of a matrimonial case filed by her husband, Sh. Archit Bhartiya, in one jurisdiction to a court more convenient for her. Transfer petitions in matrimonial cases are commonly filed by either spouse to ensure that the case is heard in a location that does not cause undue hardship.

During the course of the proceedings, the petitioner’s legal counsel informed the Court that she no longer wished to pursue the transfer request and had decided to withdraw the petition. Consequently, an application (IA No. 126399/2021) was moved to formally withdraw the petition.

Read also: https://judgmentlibrary.com/transfer-of-divorce-petition-supreme-court-rules-in-favor-of-petitioners-request/

Petitioner’s Arguments

The petitioner, represented by her legal counsel, had initially argued:

• She was facing difficulties in attending court proceedings in the location where the case was originally filed.
• The transfer would help her access legal representation and ensure a fair hearing.
• The respondent had better financial means to attend proceedings at the transferred location.
• The transfer would not cause any undue inconvenience to the respondent.

Respondent’s Arguments

The respondent, Sh. Archit Bhartiya, countered the transfer request, asserting:

• The existing venue was appropriate and legally justified.
• The petitioner had adequate means to travel and participate in the proceedings.
• A transfer would delay the case and cause undue hardship.

Supreme Court’s Observations

The Supreme Court, represented by Justice Vikram Nath, noted the petitioner’s request to withdraw the transfer petition. The Court observed:

“Learned counsel for the applicant states that he has instructions to withdraw the Transfer Petition for which he has also moved I.A. No. 126399 of 2021. Accordingly, the said application is allowed and the Transfer Petition is dismissed as withdrawn.”

Read also: https://judgmentlibrary.com/supreme-court-allows-wifes-plea-to-amend-divorce-case-key-ruling-on-marital-disputes/

Final Judgment

Based on the petitioner’s voluntary withdrawal, the Supreme Court:

• Allowed IA No. 126399/2021, permitting the withdrawal of the transfer petition.
• Dismissed the transfer petition as withdrawn.
• Did not impose any costs on either party.

Implications of the Judgment

The Supreme Court’s order highlights several key legal principles:

• Right to Withdraw Petitions: A petitioner retains the right to withdraw legal proceedings if they choose not to pursue them.
• Judicial Efficiency: The Court ensures that unnecessary litigation is avoided if a party no longer wishes to contest an issue.
• Matrimonial Dispute Jurisdiction: The case reaffirms the availability of transfer petitions in matrimonial disputes, allowing spouses to seek relief based on their convenience.
• Non-Adversarial Approach: Since the petition was withdrawn voluntarily, the Court did not impose costs or penalties.

The Supreme Court’s ruling in Smt. Nidhi Kumari vs. Sh. Archit Bhartiya serves as a procedural reminder that transfer petitions can be withdrawn at any stage, ensuring that legal proceedings remain fair and efficient.

Petitioner Name: Smt. Nidhi Kumari.
Respondent Name: Sh. Archit Bhartiya.
Judgment By: Justice Vikram Nath.
Place Of Incident: Not specified.
Judgment Date: 12-11-2021.

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