Delve into the intricate legal analysis provided by the Court regarding the respondent’s application seeking permission to withdraw the petition. The Court’s thorough examination of the procedural implications and considerations surrounding this request showcases the nuances of the legal system. Stay tuned for a comprehensive breakdown of the court’s decision and its impact on the case!
Facts
- The respondent has filed an application seeking permission to withdraw Hindu Marriage Petition No. 2553 of 2019, for which transfer has been requested in the current petition.
- The respondent’s request is to withdraw the original petition filed by him.
- This withdrawal is in relation to the Hindu Marriage Petition filed earlier.
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Arguments
- The learned Senior counsel argued that due to the stay granted by the Court in the present petition, the respondent is prohibited from seeking permission from the Family Court to withdraw the petition.
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Decision
- Respondent’s statement on record to withdraw the petition mentioned in IA No 50203 of 2021
- Transfer Petition is disposed of
- If respondent’s prayer for withdrawal of the petition is allowed, nothing will survive in this petition
- Petitioner can apply for revival of the petition if withdrawal is not allowed by the Family Court
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Case Title: PRACHI JAIN Vs. SHREYANSH JAIN (2021 INSC 819)
Case Number: T.P.(C) No.-000195 / 2020
