Supreme Court allows withdrawal of Hindu Marriage Petition in transfer case: Prachi Jain vs. Shreyansh Jain (3 December 2021)

Introduction

Date of the Judgment: 3 December 2021

Citation: Not Available

Judges: Justice Abhay S. Oka

Can a party withdraw a case when a related transfer petition is pending before a higher court? The Supreme Court addressed this procedural question in a family law matter. The case involved a transfer petition filed by the wife, Prachi Jain, seeking the transfer of a Hindu Marriage Petition filed by her husband, Shreyansh Jain. The Supreme Court disposed of the transfer petition after the husband sought to withdraw his original petition.

Case Background

The case originated from a Hindu Marriage Petition (H.M.A. No. 2553 of 2019) filed by Shreyansh Jain against Prachi Jain. Prachi Jain then filed a Transfer Petition before the Supreme Court seeking the transfer of the said Hindu Marriage Petition. While the transfer petition was pending, Shreyansh Jain filed an application seeking permission to withdraw his original Hindu Marriage Petition.

Timeline

Course of Proceedings

The respondent, Shreyansh Jain, filed an application (IA No. 50203 of 2021) seeking permission to withdraw the Hindu Marriage Petition. The respondent’s counsel stated that due to the stay granted by the Supreme Court in the transfer petition, the respondent could not move the concerned Family Court for permission to withdraw the petition. The Supreme Court noted that if the withdrawal was allowed, nothing would remain in the transfer petition.

Legal Framework

The judgment does not specify any particular legal provision. However, it implies that the withdrawal of a petition is a procedural aspect governed by the rules of the concerned court, in this case, the Family Court.

Arguments

Respondent’s Argument (Shreyansh Jain):

• The respondent sought permission to withdraw the Hindu Marriage Petition.
• The respondent’s counsel stated that the stay order by the Supreme Court prevented him from seeking withdrawal from the Family Court.

Petitioner’s Argument (Prachi Jain):

• The petitioner did not raise any specific arguments. However, the petitioner’s concern was that if the respondent tries to prosecute the Hindu Marriage Petition or if the withdrawal is disallowed, she should be able to revive the transfer petition.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame any issues. However, the implicit issue was:

• Whether the transfer petition should be disposed of if the respondent seeks to withdraw the underlying Hindu Marriage Petition.

Treatment of the Issue by the Court

Authorities

No authorities were cited by the Supreme Court in this judgment.

Judgment

The Supreme Court disposed of the transfer petition based on the respondent’s statement that he wished to withdraw the Hindu Marriage Petition. The Court noted that if the withdrawal is allowed, nothing would survive in the transfer petition. However, the Court also provided a safeguard for the petitioner, stating that:

“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.”

What weighed in the mind of the Court?

The Court’s decision was primarily driven by the procedural aspect of the case. The Court aimed to ensure that the litigation process is not unnecessarily prolonged. The Court also ensured that the petitioner’s rights were protected by allowing her to revive the transfer petition if the withdrawal of the Hindu Marriage Petition is not allowed or if the respondent attempts to continue the proceedings.

Key Takeaways

• A party can seek to withdraw a petition even if a related transfer petition is pending before a higher court.
• The Supreme Court may dispose of a transfer petition if the underlying petition is withdrawn.
• The Court will ensure that the rights of the parties are protected by allowing revival of the transfer petition in certain circumstances.

Directions

The Supreme Court did not give any specific directions, but it allowed the petitioner to revive the transfer petition under certain conditions.

Specific Amendments Analysis

Not Applicable

Development of Law

The judgment clarifies the procedural aspect of withdrawing a case when a related transfer petition is pending. The ratio decidendi is that the court will allow the withdrawal of the original petition and dispose of the transfer petition, while ensuring the rights of the parties are protected by allowing the revival of the transfer petition in certain circumstances.

Conclusion

The Supreme Court disposed of the transfer petition filed by Prachi Jain, as the respondent, Shreyansh Jain, sought to withdraw the underlying Hindu Marriage Petition. The Court allowed the withdrawal and ensured that Prachi Jain could revive the transfer petition if the withdrawal was not permitted or if Shreyansh Jain tried to continue the proceedings. This decision highlights the procedural aspects of litigation and the Court’s effort to balance the interests of all parties involved.