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Rahul (executive)     14 October 2014

Trnsd divorce petition via sc

My divorce case transfrd from bangalore to pune through sc. Due to financial and medical grounds of my parents i am not able to continue my case at pune. My 498a case is at bangalore and dv starts at pune. Hence my query is what procedure to follow to withdraw the divorce case at the moment. I will try to file once again after 498a and dv is nearer to completion stage. However pl advise me if i not appear at family court and case dismised wheather 

I could file case on same ground ie cruelty ground in near future. Expert advise pl.

 

 



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 7 Replies

Rahul (executive)     15 October 2014

In addition kindly let me know wheather other side can file Sec 24 now and if I withdraw then what will be the fate of said sec 24...it will be running if the divorce case is dismissed by default due to absence of petitioner...

Adv. Chandrasekhar (Advocate)     15 October 2014

You can seek the permission from the Pune Court on the date of hearing to withdraw the case.  If the court grants permission, that Section 24 will also along with the main divorce petition be dismissed.  But as DV case has been initiated in Pune, you cannot avoid it and you have to go there.  There she can get the maintenance relief.  If for DV case you are going to pune, why should not you pursue divorce case, instead of withdrawing it.  You can, by requesting the court, get the same dates for both these cases, even though one is listed before MM and another one is listed before A.D.J. on the ground that you are coming from Bangalore to Pune regularly.  Think about it.  I do not see any purpose of withdrawing the divorce case only that it has been transferredto Pune.

Rahul (executive)     27 October 2014

Dear sir

My quiery is if i withdraw my divorce petition can i use the same ground on my future filing divorce petition at bangalore.....

Regards

Adv. Chandrasekhar (Advocate)     27 October 2014

Yes. Mr. Rahul.  You can withdraw your divorce case, requesting the judge to give you liberty to refile it.  Sometimes judge refuses to mention that thing in the order.  Even then, if you withdraw the case, you have got liberty to refile it on the same grounds, as the earlier case has not been conclusively decided and hence resjudi cata is not applicable.  But only one rider is there.  If your ground is "cruelty", that you should not condone the acts of cruelty  either expressly or impliedly in the interregnum period from withdrawal to refiling.

Rahul (executive)     04 November 2014

Sir

One more thing, my advocate, who had filed divorce at bangalore he is saying we have to wait for receiving summon from family court pune after that he will go there and withdraw the petition. Now my first date was on 27.1014 and next date fallen on 26.12.14....till date I have not received summon from the said court. Here is one doubt  is the date 26.12.14 which is appearing at e court website, at that time court may close for winter vacation!!  My 498a case at bangalore fixed for hearing in early part of jan 15...for framing of charges.... we are assuming wife side may agree for MCD before 498a case starts here....   actually I want to know how long we can delay for withdrawing the petition...Now the stage is showing "return of summon" Your kind expert advise pl.

Regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

Delaying the case does not help you. It can be delayed by one or two such dates in the manner you are saying, but it hardly serves any purpose.

 

Regards,

Rahul (executive)     17 November 2014

Dear Sir

My next divorce hearing date is fixed on 26.12.14....can anybody check and confirm is not date falls on vaccation time..... Bombay high court website is showing winter/new year vaccation starts from 25.1214 to 4.1.15. 

Regards


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