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TrkpeTrk   25 June 2017

Withdrawal of divorce case

Hi experts

I had filed Divorce in Pune. My wife stays in Mumbai. She filed for transfering to Mumbai. Bombay High Court passed an order to transfer to Mumbai. Now me n my wife have agreed to withdraw all cases, but the divorce case has not yet transfrerred to Mumbai where other cases are running.

 

My question is can I go to Pune court and withdraw my DIvorce petition before it gets transferred to Mumbai, so that matters can be expedited.



Learning

 6 Replies

Arjun Kohli   25 June 2017

I believe you can confirm this in the Pune court first whether the transfer has been executed yet or not. If not, you can possibly file it there itself. 

However, in my opinion, you can also file the application for withdrawal before the Bombay High Court with the copy of that order of transfer attached. The High Court should then direct the other Court to do away with it, but it will be better to confirm the same with either of your legal counsel, I believe.

TrkpeTrk   25 June 2017

Thanks, the issue is that we decided on consent terms yetserday and our next date is 28th june in Mumbai. SO on 27th i will go to Pune FC and file application for withdrawal by taking matter on board

Experts please let me know if there is a better way

Arjun Kohli   25 June 2017

What was the date of the order of transfer?

 

TrkpeTrk   25 June 2017

9 june 2017

Arjun Kohli   25 June 2017

Why do you plan to hunt around for the case when the matter is coming to your doorstep itself? Instead of getting worked up, etc. you say your divorce case is scheduled for 28th June, in Mumbai. File an application for withdrawal then and there only. Wouldn't that be the simplest way out?

srinivas netha   06 August 2017

if their is urgency you are better to avail a certififed copy of transfer order and file the same into the family court of Mumbai for expeditious disposal. 


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