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Sudhir Kumar Singh v. Jaishri @ Jaishree

Contempt Petition (Civil) · 2021 INSC 861Decided 9 Dec 2021
Contempt Petition (Civil) No. 721 of 2021
Justice Sanjiv Khanna

Background

Sudhir Kumar Singh had filed a contempt petition against Jaishri, alleging she had failed to abide by agreed terms and conditions (arising out of an earlier transfer petition between the two, apparently a matrimonial dispute). Before the contempt petition could be decided on merits, the petitioner's counsel sought the Court's permission to withdraw it.

Decision Breakdown

The Supreme Court permitted the contempt petition to be withdrawn, recording the submissions of both sides without making any finding in favour of either party. The Court dismissed the contempt petition as withdrawn, but expressly kept it open for the petitioner to pursue his grievances afresh by filing a divorce petition, where all points and issues could be raised.

Lesson Learnt

A contempt petition can be withdrawn by the person who filed it if they decide a different legal remedy (here, a divorce petition) is the better path forward; withdrawal closes that particular petition without deciding who was right or wrong.

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

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