Wife filed for divorce the second time
Alok
(Querist) 06 February 2015
This query is : Resolved
My wife filed three cases that are Section 13 (cruelty), 125 crpc and DV act. The cases were filed in Dehradun. The DV act had been dismissed two times on the account of her not turning up to the court. After the second time the case was dismissed she again filed DV act on the same charges. Now again she is not turning up. This time the judge had given her ample time for producing her evidence but she did not turned up. Finally now the judge had closed her time for giving evidence and had asked me to produce my evidence so that she can give the verdict.
In the meanwhile I was also going through Section 13. In this case the evidence was provided by her and also the cross questioning was completed. Suddenly she withdraw this particular case in February last year ie.e, in 2014 but the two cases that are DV act and 125 crpc kept on going in Dehradun. Now my wife went to her brothers place in Pune and had filed divorce case on the same charges as earlier from Pune. Can you please tell me what should I do as I dont want to break my marriage. Do i need to go through the divorce case again from the start or I should go to the Supreme court for getting the case transferred from Pune to Dehradun. And as during the last time the case was reaching to its end she withdraw it. Is there any way to use the earlier proceedings.
ajay sethi
(Expert) 06 February 2015
SC wont transfer case from pune to dehradun . wife convenience is generally taken into account . you should in your reply draw attention of court to wife conduct of filing case and after completion of evidence with drawing the same . also take the plea that case filed on same charges as earlier one
Rajendra K Goyal
(Expert) 06 February 2015
Case may not be transferred from Pune. Proceed with the case and bring fact of withdrawing the case by her, submit certified copies of the order of previous court.
Nadeem Qureshi
(Expert) 06 February 2015
fight the case on merit.
transfer petition before SC is not a better option.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 February 2015
Far minor job of request of transfer of case at SC level will be very costly. And no results assured.
Engage an expert at lower court level and fight on technical issues.
All marriage related cases have many technical issues. Starting from jurisdiction and limitation in DV case.
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
You can challenge the case in the trial court itself and ensure it getting dismissed n the basis of the facts stated by you.
Advocate Rajkumarlaxman
(Expert) 03 March 2015
Agreed wth experts , may be she has withdrawn the same wth liberity to afresh in pune. Put n check up earlier orders , then we can guide
Alok
(Querist) 10 March 2015
The earlier order says that she can file the case in future. But my point is that all the charges are same as the earlier ones. Will the court in pune take all this into account and dismiss the case after seeing the certified copies of the earlier filed case. Meanwhile I had got the orders in my favour for section 9. Will this be of any help?
