Refile/restore of dismissal order

What is the matter instituted by you? It is for divorce or what?

Anyways, it is was better to file a transfer application in Supreme court reasoning your transfer. 

You can either apply for restoration of suit or file a fresh suit ;3. Where neither party appears, suit to be dismissed

Where neither party appears when the suit is called on for hearing, the Court may make an Order that the suit be dismissed.

4. Plaintiff may bring fresh suit or Court may restore suit to file.

Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit, or he may apply for an Order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for 1[such failure as is referred to in rule 2], or for his non-appearance, as the case may be, the Court shall make an Order setting aside the dismissal and shall appoint a day for proceeding with the suit.

But if you file a fresh suit in Mumubai you must mention in the suit that your suit in Kolkata was dismissed and there in no any other suit is pending in any court of law, besides you must attach all the copies or suit,order of dismissal and application for dismisal

Thank you sir. Yes it's a divorce case. My lawyer told me that my petition was not strong because the previous lawyer did not let me include domestic violence points of which I had genuine evidences. Even I was facing humiliation in the court compound by the friends of my husband who were also lawyers in that court and the proceedings were misleading and biased, too much influenced by the Bar Association. That's why I didn't proceeded to transfer it via Supreme Court. I do have the vakalatnama of all those lawyers who gave undue advantage to my husband, the dismissal order , all the certified copies of the suit and also application of petition. I have even reported this whole thing to the Bar Council of India via email and letter, attaching all the evidences. They told me to lodge a complaint against my husband through Advocates Act 35 . But due to the shifting and transfer I was not able to take necessary action. I am having no proper support from any lawyer in kolkata . That's why I am trying to file a new case from mumbai which is now my current workplace ,along with domestic violence.

Just file a fresh Divorce petition in Mumbai court and for DV you can file for that even now n. You should also file for maintenance, hire a good advocate and proceed your Divorce application and related matters.

Thank you sir for your suggestion and advice 🙏🏻. 

I just have one more query in connection to your reply. Sir, I am a govt servant, and I do not have any child. So, am I eligible for claiming maintenance?? 

Your first question is that whether you can file a fresh divorce case on the grounds of cruelty or the same grounds what you had filed before the court in Kolkotta?

The answer is yes, because the previous case was dismissed for default only hence it cannot be considered as 'res-judicata' besides the cause of action for fresh divorce case is different  hence your petitioon for contested divorce case can be entertained by a court in Mumbai.

The second question is that whether you are eligbile for maintenance even though you are a government employee?

The answer is "NO", since you are employed and drawing a handsome slary income which is more than enough to sustain your expenses and for a decent living the court will not entertain your applicaiton for maintenance.

Ok sir.. Thank you

Yes, you can file the case in Mumbai.

Ok sir.. Thank you 

Originally posted by : Sulekha

Thank you sir for your suggestion and advice 🙏🏻. I just have one more query in connection to your reply. Sir, I am a govt servant, and I do not have any child. So, am I eligible for claiming maintenance?? 

If you have no child then you can ask for maintenance for child but if your income is not enough to maintain yourself then you can claim any amount that would suffice.