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Sadhika & Ors. v. Neeraj Shrivastav & Anr.

Transfer Petition (Civil) · 2021 INSC 544Decided 24 Sept 2021
Transfer Petition (Civil) No. 2792 of 2019
Justice Hima Kohli

Background

The wife (petitioner) had filed a transfer petition asking the Supreme Court to move proceedings related to her matrimonial dispute (including a divorce petition and a maintenance petition she had filed, and a writ petition the husband had filed in the Madhya Pradesh High Court seeking visitation rights to their son) to a different court. While the transfer petition was pending, the couple reconciled and began living together again in Jabalpur, Madhya Pradesh.

Decision Breakdown

Counsel for both the wife and the husband (who appeared in person) jointly informed the Court that the parties had resolved their disputes and reunited. The wife's counsel stated she no longer wished to pursue the transfer petition and had already withdrawn her divorce and maintenance petitions. The Court directed the husband to take steps to withdraw his own visitation-rights writ petition pending before the Madhya Pradesh High Court within one week, disposed of the transfer petition as withdrawn, and vacated an earlier interim order dated 5 December 2019.

Lesson Learnt

Courts actively facilitate the clean closure of matrimonial litigation once estranged spouses genuinely reconcile, including ensuring that all connected proceedings across different courts are wound down together.

Official source (sci.gov.in)View Judgment (PDF)

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