Reopening divorce case
ravi
(Querist) 24 March 2014
This query is : Resolved
I filed a divorce case in the they year of 2012.
Four months ago , my wife started talking to me and informed me that she was willing to live with me. As she was working in other city, she visted my house 4 times.
I informed my lawyer that we are thinking to live together. SO my lawyer didn't attend court. so My Divorce case got disposed stating the below reason.
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First Hearing Date 27-09-2012
Decision Date 29-01-2014
Case Status CASE DISPOSED
Nature Of Disposal Contested--DISMISSED FOR DEFAULT
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Now my wife stopped coming to my house also doesn't want me to visit her. She is saying we will stay like this for some more time and then decide. I fell like betrayed.
So what to do now? I had file my divorce case at my home town and now i ma working in different city.
1) Shall i reopen my divorce case at my home town? Is it possible to get it transferred to city where i am working?
2) Is it possible to file a fresh case in a city where i ma living by refereeing the DISPOSED case number ? please advice me.
2)
mr. snehal
(Expert) 27 March 2014
you can file fresh divorce case on fresh facts and cause of action. You have to file the case were the cause of action arose, you both last resided or were the wife resides. You have to mention the first case details in your new case and also the reason of dismissal for default and further submit proofs of living together, you being betrayed by your wife in due course. Please consult your earlier lawyer as he might know all the back history and how the case was put up by him.
