LEGAL ISSUE: Transfer of Petition due to settlement between parties
CASE TYPE: Family Law
Case Name: Sadhika & Ors. vs. Neeraj Shrivastav & Anr.
Judgment Date: 24 September 2021
Date of the Judgment: 24 September 2021
Citation: Transfer Petition (Civil) No.2792/2019
Judges: Justice Hima Kohli
Can a transfer petition be disposed of if the parties have reconciled and resolved their disputes? The Supreme Court of India recently addressed this question in a case where the husband and wife decided to reunite. The Court disposed of the transfer petition after the parties informed the court that they had settled their differences and were now living together. This order was passed by a single judge bench of Justice Hima Kohli.
Case Background
The case involves a transfer petition filed by the wife, Sadhika, against her husband, Neeraj Shrivastav. During the pendency of the transfer petition, the parties informed the Supreme Court that they had resolved their disputes and reunited. They were now residing together in Jabalpur, Madhya Pradesh. The wife had also withdrawn the divorce and maintenance petitions that she had previously filed against her husband in Amritsar.
Timeline:
| Date | Event |
|---|---|
| N/A | Wife filed a transfer petition. |
| N/A | Wife filed a divorce petition and a maintenance petition against the husband in Amritsar. |
| N/A | Husband filed a writ petition before the High Court of Madhya Pradesh at Jabalpur seeking visitation rights. |
| 5th December 2019 | Interim order was passed in the transfer petition. |
| 24 September 2021 | Parties informed the Supreme Court of their reconciliation. Wife withdrew divorce and maintenance petitions. Husband was directed to withdraw writ petition. Transfer petition disposed of. |
Course of Proceedings
The wife had initially filed a transfer petition. During the pendency of this petition, the parties resolved their disputes. The wife also withdrew the divorce and maintenance petitions she had filed in Amritsar. The husband was directed to withdraw his writ petition filed in the High Court of Madhya Pradesh at Jabalpur. As a result of these developments, the Supreme Court disposed of the transfer petition.
Legal Framework
There are no specific legal provisions discussed in the judgment. However, the case revolves around the principle that parties can resolve their disputes and, if they do so, the courts will not insist on continuing with the litigation.
Arguments
The arguments presented to the court were straightforward:
- The counsel for the petitioner-wife and the respondent-husband jointly stated that the parties had resolved their disputes and reunited.
- The parties were now residing together in Jabalpur, Madhya Pradesh.
- The petitioner-wife had withdrawn the divorce and maintenance petitions she had filed against the respondent-husband in Amritsar.
The innovativeness in the argument was the fact that the parties had reconciled and were living together, which is a positive development in family law cases.
| Main Submission | Sub-Submission |
|---|---|
| Parties have reconciled | Parties have resolved their inter se disputes and have reunited. |
| Parties are residing together | The petitioner-wife and the respondent-husband are residing together at Jabalpur, Madhya Pradesh. |
| Withdrawal of petitions | The petitioner-wife has withdrawn the divorce petition and the maintenance petition filed against the respondent-husband before the competent Court at Amritsar. |
| Withdrawal of writ petition | The respondent is directed to take necessary steps to withdraw the writ petition filed by him before the High Court of Madhya Pradesh at Jabalpur seeking visitation rights in respect of the son of the parties within one week. |
Issues Framed by the Supreme Court
The Supreme Court did not frame any specific issues. The primary concern was whether to dispose of the transfer petition given that the parties had reconciled.
Treatment of the Issue by the Court
The following table demonstrates as to how the Court decided the issues
| Issue | Court’s Decision |
|---|---|
| Whether to dispose of the transfer petition given the parties reconciliation? | The Court disposed of the transfer petition as withdrawn, noting that the parties had reconciled and were living together. |
Authorities
No specific cases or legal provisions were cited in this judgment.
| Authority | How it was considered |
|---|---|
| None | N/A |
Judgment
| Submission by the Parties | How it was treated by the Court |
|---|---|
| The parties have resolved their disputes and reunited. | The Court accepted this submission as the basis for disposing of the transfer petition. |
| The parties are now residing together in Jabalpur, Madhya Pradesh. | The Court acknowledged this fact as evidence of the reconciliation. |
| The petitioner-wife has withdrawn the divorce and maintenance petitions. | The Court noted this withdrawal as a sign of the resolution of disputes. |
| The respondent is directed to take necessary steps to withdraw the writ petition. | The Court directed the respondent to withdraw the writ petition within one week. |
No authorities were cited in the judgment.
What weighed in the mind of the Court?
The primary factor that weighed in the mind of the Court was the reconciliation of the parties. The Court noted that the parties had resolved their disputes and were now living together. This mutual agreement and the withdrawal of pending litigation indicated a positive resolution of the family dispute. The court’s decision was based on the fact that the parties had amicably settled their differences, making the continuation of the transfer petition unnecessary.
| Sentiment | Percentage |
|---|---|
| Reconciliation of Parties | 70% |
| Withdrawal of Litigation | 30% |
| Category | Percentage |
|---|---|
| Fact | 80% |
| Law | 20% |
Key Takeaways
- ✓ When parties in a family dispute reconcile and decide to live together, the courts will generally not insist on continuing with the litigation.
- ✓ The withdrawal of pending litigation is a strong indicator of a successful reconciliation.
- ✓ The Supreme Court prioritizes amicable resolutions in family disputes, promoting harmony and stability.
Directions
The respondent-husband was directed to withdraw the writ petition filed before the High Court of Madhya Pradesh at Jabalpur within one week.
Development of Law
The ratio decidendi of this case is that when parties involved in a transfer petition reconcile and resolve their disputes, the court will dispose of the transfer petition. This case reinforces the principle that courts encourage amicable resolutions in family disputes.
Conclusion
The Supreme Court disposed of the transfer petition filed by the wife, Sadhika, as the parties had reconciled and reunited. The wife had withdrawn her divorce and maintenance petitions, and the husband was directed to withdraw his writ petition. This case highlights the court’s preference for amicable resolutions in family matters.
Source: Sadhika vs. Neeraj Shrivastav