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Is it possible to file a new DV case after withdrawing current case


11-Jun-2023 (In Family Law)
My wife has filed DV case agaist me in Dec'16 with my mother as party as well in JMFC vashi navi mumbai. She has filed 498 also in jan17 at navi mumbai police station. No chargesheet filed yet. Now she has gone to her parents place in bhopal with my 5 yrs old son and she has to come to attend DV case. Both the cases are filed in the revange of my Divorce petition at mumbai on sep16. Now her lawyer are threatening to transfer the cases to bhopal. I m psu employee at navi mumbai. We stayed in mumbai only after marriage. My parents never lived permanently with us. 1. Can DV case at navi mumbai MH can be withdrawn by her and file a fresh case in bhopal MP? 2. The criminal case 498a is transferrable without Supreme Court. 3. Can exparte order for transfer be passed by Supreme Court without listening my points. 4.can divorce petition filed by me can also be transferred on her request. Her grounds for transfer will be traveling, threat and kid which is with her and nana nani.
Answers (1)

Answer #1
825 votes
In your case the 498a case which is filed in 2017 does not needs to be attended by her as it's a criminal cases but the other cases for divorce can be transfered to her parental station at bhopal. Where you will have to attend it .also the DV case filed by her in mumbai can be withdrawn and fresh DV case can also be filed at bhopal again on changed circumstances and grounds. If you need any further assistance please contact me.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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