Transfer Petition Withdrawn in Matrimonial Dispute: Supreme Court Order

The Supreme Court of India recently issued an order in the case of Moumita Kar vs. Pallab Gautam, concerning a transfer petition filed in a matrimonial dispute. The petitioner, Moumita Kar, had sought the transfer of a pending case from one jurisdiction to another. However, during the proceedings, the petitioner’s counsel requested to withdraw the transfer petition, which was granted by the Court.

The case was heard under the Civil Original Jurisdiction of the Supreme Court under Transfer Petition (Civil) No. 932 of 2020. The Court, presided over by Justice Vikram Nath, recorded the request for withdrawal and accordingly dismissed the transfer petition.

Background of the Case

In matrimonial disputes, a party may file a transfer petition before the Supreme Court under Section 25 of the Code of Civil Procedure (CPC), 1908, requesting a transfer of the case from one state or jurisdiction to another. Typically, such petitions are filed by a spouse who finds it difficult to attend proceedings in a distant location due to logistical, financial, or personal reasons.

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In this case, Moumita Kar, the petitioner, initially sought such a transfer. However, before the Supreme Court could adjudicate on the merits of the request, the petitioner’s counsel expressed the intention to withdraw the petition.

Supreme Court’s Order

The Supreme Court’s order was straightforward. It noted the request made by the petitioner’s counsel and permitted the withdrawal of the petition. Consequently, the transfer petition was dismissed as withdrawn. Justice Vikram Nath recorded the order on September 20, 2021, in New Delhi.

Implications of the Order

• Since the petition was withdrawn, the original jurisdiction of the pending case remains unchanged.
• The petitioner may explore other legal remedies if required, including refiling a fresh petition if circumstances change.
• The order does not provide any ruling on the merits of the transfer request but merely acknowledges the voluntary withdrawal.

Conclusion

The Supreme Court’s handling of transfer petitions in matrimonial disputes ensures that justice is served while considering the practical difficulties faced by the parties involved. In this case, since the petitioner decided to withdraw the transfer request, the Court simply allowed it without further adjudication. The case serves as an example of how litigants can reassess their legal strategies and modify their course of action based on evolving circumstances.

Petitioner Name: Moumita Kar.
Respondent Name: Pallab Gautam.
Judgment By: Justice Vikram Nath.
Place Of Incident: India.
Judgment Date: 20-09-2021.

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