Regarding divorce case transfer form state to other state
Shiv Gawale
(Querist) 24 February 2018
This query is : Resolved
Sir,
I have filed divorce case at Maharashtra in July 2017. In this connection my wife has filed request to Supreme Court for the transfer of divorce case from Maharashtra to Bhopal (Madhay Pradesh). In this regards she has gotten stay from Supreme Court and the matter has been pending at Supreme Court. Recently notice issue form Supreme Court regarding transfer of case but till date I have not received notice.
My query is can I go to Supreme Court for stopping process of transfer ?
Or Can I withdraw the divorce petition and after some days filed again divorce petition ?
What would I do ? kindly guide me or any another solution please mention ?
P. Venu
(Expert) 25 February 2018
Once the Notice is received, you need to face the issue on merits. You cannot withdraw the divorce petition at this stage and refile it again; it would amount to an abuse of the process of law.
Vijay Raj Mahajan
(Expert) 25 February 2018
You're the petitioner and can withdraw divorce petition anytime, there is no abuse of the process of law. As far filling a new divorce case is concerned that too is your own decision no court can stop you for it.
Dr J C Vashista
(Expert) 25 February 2018
I agree with expert Mr. Vijay Raj Mahajan, being dominus litus you may withdraw your petition any time (order XXIII Rule 1 CPC). It would be advisable to seek liberty to re-file the case. Even otherwise, you may re-file case at a later stage, no bar.
Ms.Usha Kapoor
(Expert) 25 June 2018
I agree wi9th Vijay Raj Mahajan and p.venu's view.
Ms.Usha Kapoor
(Expert) 10 July 2018
I agree with Bhartesh Goyakl and P.venu.