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Procedure to transfer the divorce petition from one city to another


21-Oct-2023 (In Divorce Law)
I had filed for a divorce case against my husband in city A. Now I have quit my job and shifted back to my parents house in Delhi. Can I, being the petitioner, transfer the case from city A to New Delhi. If yes, then on what grounds? Or is it advisable to withdraw the petition filed in city A? I have also filed a DV case in Delhi and if I withdraw the petition from city A, should I file a fresh petition in Delhi besides the DV case or should I wait on the grounds that as DV case would progress, divorce would automatically go hand in hand with the DV case?
Answers (2)

Answer #1
743 votes
You will have to file a petition before Supreme Court to get the divorce petition transferred on the ground of you no more living in City A. Withdrawing the petition and filing again in Delhi is as such no bar but it may pose a legal difficulty so withdrawal has to be with liberty to file fresh on same particulars. Secondly you must seek divorce along with DV act petition as both can go hand in hand and your time is not wasted.
Answer #2
625 votes
Madam,
yes, you can transfer your divorce petition from city A to New Delhi. but before transferring your petition the court see many things and you have not disclosed many important things in your question like where is your in-lows house, your marriage place, etc. so if you want proper advice then you can 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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