Supreme Court Dismisses Transfer Petition in Family Dispute: Nidhi Kumari vs. Archit Bhartiya (2021)

Date of the Judgment: November 12, 2021
Judges: Justice Vikram Nath
Can a petitioner withdraw a transfer petition filed before the Supreme Court? The Supreme Court of India recently addressed this question in a case concerning a family dispute. This case involves a transfer petition, which is a request to move a case from one court to another. The Supreme Court was asked to decide whether to allow the petitioner to withdraw the transfer petition. The judgment was delivered by Justice Vikram Nath.

Case Background

The case involves a transfer petition filed by Smt. Nidhi Kumari against Sh. Archit Bhartiya. The petitioner, Smt. Nidhi Kumari, had initially sought to transfer a case, likely a family dispute, from one court to another. However, during the proceedings, the petitioner decided to withdraw the transfer petition.

Timeline

Course of Proceedings

The learned counsel for the applicant, Smt. Nidhi Kumari, stated that he had instructions to withdraw the transfer petition. An application, I.A. No. 126399 of 2021, was also moved for this purpose.

Legal Framework

There is no specific legal provision cited in the judgment. The judgment primarily deals with the procedural aspect of withdrawing a transfer petition before the Supreme Court.

Arguments

The primary argument was made by the learned counsel for the applicant, Smt. Nidhi Kumari. The counsel stated that they had instructions to withdraw the Transfer Petition. There were no counter arguments as the respondent did not object to the withdrawal.

Issues Framed by the Supreme Court

• Whether the petitioner can be allowed to withdraw the transfer petition?

Treatment of the Issue by the Court

Authorities

No authorities were cited in this judgment.

Judgment

What weighed in the mind of the Court?

The Court’s decision was primarily influenced by the petitioner’s explicit request to withdraw the transfer petition. The Court’s focus was on procedural compliance and the petitioner’s right to withdraw their case. There was no complex legal analysis, but rather a straightforward acceptance of the petitioner’s request.

The Court’s reasoning was concise and focused on the procedural aspect of the case. The court stated, “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.” It further stated, “Accordingly, the said application is allowed and the Transfer Petition is dismissed as withdrawn.” There were no alternative interpretations considered, as the petitioner’s request was clear and unambiguous. There was no majority or minority opinion.

Key Takeaways

• ✓ A petitioner can withdraw a transfer petition filed before the Supreme Court.
• ✓ The Court will generally allow the withdrawal if the petitioner expresses a clear intention to do so.
• ✓ An application for withdrawal is usually required to formalize the process.

Directions

No specific directions were given by the Supreme Court in this case.

Specific Amendments Analysis

No specific amendments were discussed in this judgment.

Development of Law

The ratio decidendi of this case is that a petitioner is allowed to withdraw a transfer petition if they express a clear intention to do so and follow the required procedure, which includes filing an application. There is no change in the previous position of law.

Conclusion

The Supreme Court of India dismissed the transfer petition filed by Smt. Nidhi Kumari, as she sought to withdraw it. The Court allowed the withdrawal based on the petitioner’s instructions and the application filed for this purpose. This case highlights the procedural aspects of withdrawing a case before the Supreme Court.