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Transferred petition withdrew and filled again at original court
03-Oct-2023 (In Civil Law)
My brother in law filled a custody petition at jammu in 2015. Which was transferred to Delhi. He withdrew that petition with liberty after it was transferred. Now he is trying to be smart and he filled same petition again at original court.
Is it allowed?
Isn't it contempt of court? Can we file contempt of court in Supreme Court?
Can we can for legal changes we are paying because of this?
How easy it is to get this case dismissed?
We have to examine the order to see what type of liberty he has sought while withdrawing a petition. The petition filed by him again can be dismissed on the ground that he had made a statement before supreme court. You may contact us for further consultation and legal services
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Hi first of all yes u can file the petition in the court and tell the court about it where u will have to fill all the document and all in the court the orders the judgment what is the case about u wil have to tell the court about It the court will see the orders and all then they will decide
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Adv. Yash Karan Jain
Delhi | 400+ Answers
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No, it is not allowed and we can file a contempt at Supreme Court of India or another transfer petition. A contempt would be weak since the transfer was allowed for that particular case.
You may also get the petition at Jammu dismissed for want of territorial jurisdiction since custody petition can be only filed in jurisdiction where the child resides and also in view of the transfer already allowed the SC and order where he withdrew the petition with liberty to file afresh. But you have to still get a lawyer at Jammu and then get it dismissed.
I believe you can take your chances in first getting it dismissed at Jammu through an advocate and then if it doesnt work then get it transferred. Please feel free to contact for any advice, filing of transfer and detailed discussion on the issue.
You may also get the petition at Jammu dismissed for want of territorial jurisdiction since custody petition can be only filed in jurisdiction where the child resides and also in view of the transfer already allowed the SC and order where he withdrew the petition with liberty to file afresh. But you have to still get a lawyer at Jammu and then get it dismissed.
I believe you can take your chances in first getting it dismissed at Jammu through an advocate and then if it doesnt work then get it transferred. Please feel free to contact for any advice, filing of transfer and detailed discussion on the issue.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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