The court allowed the written withdrawal application filed by the applicant based on a compromise between the parties involving mutual separation terms and a concurrent mutual consent divorce petition. Consequently, the transfer application was dismissed as withdrawn.
Withdrawal application allowed; Transfer application dismissed as withdrawn.
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Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 100 of 2021
Applicant :- Smt. Vaishali Opposite Party :- Deepak Kumar Counsel for Applicant :- Prashant Pandey Counsel for Opposite Party :- Ankit Kapoor
Hon'ble Neeraj Tiwari,J.
Civil Misc. Withdrawal Application No. 2 of 2021.
Heard learned counsel for the applicant.
Learned counsel for the applicant submitted that he has ,led withdrawal application as compromise was entered into between the husband and wife and they have decided to part their ways on certain terms. Divorce Petition No. 1809 of 2021 (Deepak Kumar Vs. Smt. Vaishali) under Section 13B of Hindu Marriage Act, 1955 has also been ,led before the Principal Judge, Family Court, Varanasi on their mutual consent. He further submitted that withdrawal application may be allowed.
Accordingly, withdrawal application is allowed and the transfer application is dismissed as withdrawn.
Order Date :- 21.2.2022 Rmk.
Digitally signed by RAM MURTI KUSHWAHA Date: 2022.02.21 18:37:18 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the withdrawal application filed in transfer proceedings be allowed in light of mutual compromise and concurrent divorce petition filed under mutual consent.
Whether the associated transfer application be dismissed as withdrawn.
1 provisions across 1 enactments
Smt. Vaishali
Deepak Kumar
Neeraj Tiwari
RAM MURTI KUSHWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
