SUMIT CHATURVEDI (AM) 28 May 2012

Change of jurisdiction

I first file sec 9HMA against my wife and then after 1 and 1/2 yr convert it to sec 13 HMA in UP. She has put sec 24 against that and sec125Crprc from her home town, also in UP. Its almost around 2 and 1/2 yr and no progress is there in legal proceedings. Now can i withdraw my sec 13 case on one liberty ti file it fresh and after that file a new case of sec13 HMA from Delhi ?. The main thing is that can i change my previouslly admitted facts that our last reside was in UP and now i want to show it in Delhi. can i change that ??

If possible, kindly mention some decided facts, as my UP lawyer is saying its not possible to change your admitted facts.

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 28 May 2012

Dear Querist,

You had given an affidavit alongwith your petition in UP, declaring on oath that all facts are correct and true - now stating something else - may invite perjury proceedings u/s 191 IPC. The Court won't also allow the same with liberty to file afresh on this plea. If Delhi otherwise has the jurisdiction - which is not inconsistent with what you have already said or admitted - then a chance may be taken. If you are thinking of withdrawing the same so that her 24 HMA falls, then you are mistaken even if Divorce is withdrawn or dismissed 24 may go on.

Feel free to talk !

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 28 May 2012

You try to expedite the proceeding , and accordingly instruct your Advocate,

galsober@yahoo.co.in (def) 28 May 2012

@ Advo Bharat & experts!

"even if Divorce is withdrawn or dismissed 24 may go on"

Kindly elaborate for the benefit of all..................till now I believe that Sec24 can not stand alone, if Sec13 is not there!

SUMIT CHATURVEDI (AM) 29 May 2012

Thnx 2 all of u, Shroff sir, expedite (as i think) does not help me in changing the admitted facts, kindly guide. Secondly, what my lawyer has said, that sec 24 filed by her is pendilite on sec 13 and once i withdraw sec 13 application it automatically closed.

Is thr any other remedy for me, as neither she is ready to give divorce nor for any settlement. She is just passing the time and happy living with her parents.

Is thr any option for me to remarry in that way so that to avoid bigomy changes ??

Plz help.