Divorce Case withdrawal Supreme Court Notice
10-Dec-2024 (In Divorce Law)
I filed divorce case in Delhi last year per my advocate advise. However, wife has already filed divorce in her jurisdiction outside Delhi. Since my advocate didn't guided me properly and knowing the fact made me to file divorce case in Delhi, how I can withdraw this divorce case? Opposite party filed petition at SC for transfer of this case.
Since I don't stay in Delhi, do I need to receive the notice from SC?
How can I withdraw this case?What if I don't appear at SC
You must appear before the court, you could appear through Supreme court lawyer. If you are not going to appear then Supreme Court would go ex parte against you, but if you want the case to be transferred to your wife's place , then you need not appear as any the apex court is going to rule against you.
But it is better advised to fight it out in the top court as the jurisdiction is decided on the basis of place of cause of action. And Delhi Courts are far Swift in deciding suits in comparision to other state district courts.
As you have mentioned that your wife has filed a Transfer Petition in the Supreme Court then the court will issue notice on the first hearing. If you wish to withdraw your divorce petition which you have already filed then you must apprise the Supreme Court about this and the court shall order accordingly without making any adverse order
you should engage a lawyer and act accordingly. the case can be withdrawn from the case by me if you have authority. let me know the details of the case including case number, court in which it is pending for adjudication.
if you don't appear before the SC case will be decided against you. and the Matter will be transferred to the court mentioned in the case before the SC .
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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