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Exparte Case Dismissed After 3 Years Of trail.


22-Nov-2023 (In Divorce Law)
I filed for divorce in the year 2018. It was running exparte as my wife did not appear in the court. After three and a half years, the judge has dismissed the case on the basis of Jurisdiction. My marriage took place in Faizabad, however, I have been living in Delhi for almost 11 years. Please suggest what are my options?
Answers (3)

Answer #1
942 votes
Hello,

If you have filed your case in Delhi or in Faizabad, then, it should not get dismissed on the basis od jurisdiction. As the parties can file the suit where they both were either lastly residing at the time of filing suit or where marriage took place or where party is residing.

If any other query is there, may kindly reply.

Please rate the answer.

Thanks & Regards,
Adv Pooja Marwah

Answer #2
758 votes
It took the judge 3.5 years to decide whether the case fall within the jurisdiction or not…??? You can always file another petition if your previous one was dismissed on the correct jurisdiction. Jurisdiction will be decided by your residence and also where the cause of action arose.
Answer #3
904 votes
you can re file the case and as you have the current address of delhi you can file it in delhi. rather than getting the case transferred which takes huge money. you can again file in your stated jurisdiction.

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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