Victim Of Law (home) 10 December 2012

Need advice on withdrawal of diivorce case

I am the petitioner and my ex applied Transfer petition through SC to her native mumbai from current Chennai Family court.

Today i went for my hearing and their council apperared and told stay procedure is on for transfer in SC and got our next apperance on 15-02-12. I asked their lawyer for Transfer OP number but since the judge was absent they didnt file.

1) Can i withdraw the Divorce case? Since they come from a very notorios background in mumbai i dont want to travel.

2) What will if i dont attend after it get transfered?

Withdrawal of my case will become a financial loss for them since they spent lot of money in SC.

3) Can i withdraw and put a fresh case?

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5 Replies

Goutam Prasad (Advocate) 10 December 2012

If you withdraw your divorce case for no reason and you will get it difficult to file the same again on same reasons. It is better to defend the transfer petition in Supreme Court in case you do not want to allow the transfer.

If Supreme Court grants transfer and you does not appear in transferred court, the petition will be heared ex-parte agaist you on the basis of whatever documents that would be provided by your wife in that court.

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rajesh (asdadad) 10 December 2012

my wife's side has filed a divorce case in thr city whr marriage was held bt as it is 600 kms away frm my native place . Cn i file tranfer case to d city, whr we last resided which is 400kms frm thr city n 200 kms frm my city in d same court or shall i hv to go for higher court for tht ? No other cases hv been filed by any other side.

Kanniappan (Later) 10 December 2012

@ Mr Victim of law.

1. You have the right to withdraw the case, but why you want to do that, even you file again, she will ask transfer again. Yes, you do not want to travel, she too donot want to travel, but for Divorce cases, one need not travel all hearings, it is enough if u can travel 2 hearings. Rest you need to handover to capable lawyer, finding such person is really challenge.

2. If you filed divorce, if you do not attend, the decision of court driven by your wife actions.

3. Answered in 1

Summary:

What is your prob? you want divorce, engage better lawyer at Mumbai, give consent at Supreme Court for Transfer, if you oppose to transfer it will take 2 years to derive result, Mostly SC will accept the transfer, no use of contesting in SC for you, it is benifit for lawyer only,

Try with mediator to settle issues amicably, which best. File MC and finish the matter there.

Victim Of Law (home) 11 December 2012

They made me spend a lot on bail and 3 seperate court cases. I dont have job for three years and they have taken my certificates and laptop and locked my mother house (a portion ) for 3 years. They have 10 sovergin of my jewels with her.

Is there any way to ask for a neutral venue like hyderabad or bangalore?

Kanniappan (Later) 11 December 2012

@Victim Of Law

Your posting doesnot reflect / exhibit 3 years of touch with police/court/lawyers. i expect you should have learnt much more than what you are now. You cannot do such transfer Bangalore /Hyderabad, No court will accept for the same.

Court will facilitate woman to attend the cases under normal circumtances. So Do not fight in defending TP at SC, unless you have very very strong reasons.

I said you look for mediator to settle issues amicably. If thre is no possibilty for amicable settlement, then, if she is adament, immoral or unethical, not willing to divorce and not willing to come then let me know what is her fundamental problem to my email id: and what remedy/relief you wanted ?