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Query regarding matrimonial issue
01-Mar-2025 (In Divorce Law)
Hi Sir,
My husband filed for divorce case in Hyderabad and I filed a transfer petition in supreme court to get that case transferred to my hometown. As a part of this, we attended mediation and the matter got settled wherein we agreed on some amount of alimony and signed the agreement. Now after this, what process is followed by a lawyer for divorce through supreme court o that all cases pending before district courts should be quashed and divirce happens in SC. My lawyer is charging hefty fees
The FIR will be quashed by the High Court of the area where the FIR was booked and all other cases including the transfer petition before the Supreme Court can be withdrawn by you after submitting the settlement deed before the concerned court.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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you should go for divorce by mutual consent in the district court where you are located and in complaint case you can simply withdraw then by giving undertaking before the court and in FIR case you must move quashing petition in the high court . supreme court does not have jurisdiction here
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Adv. Vinay Redhu
Delhi | 200+ Answers
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Hi. You will have to file for a mutual divorce and there will be a settlement agreement drawn between the parties. Also all the pending litigation will be withdrawn. The mutual divorce will not be filed in SC. Please reach for further discussion
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Since the case is already listed in Supreme Court all relevant process therein would be through the order of the Hon' SC. You can ask your advocate to file IAs for the same. In case you are not satisfied with the ongoing advocate you can hire a new advocate within your budget. Make sure that the case in SC is well used for getting all issues resolved.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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A divorce petition is filed before a district family court, SC do not have jurisdiction in your case.
If, as u mentioned, you have reached to an amicable solution in mediation then you may directly apply for the divorce as per mutual consent. It is a simple & time saving process. you shall not face any hardship in getting a divorce decree. Rest depends upon the t&c's of the settlement/ MOU. I may answer you & guide better after seeing your MOU/ settlement.
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Adv. Ajay Raj Singh
Delhi | 25+ Answers
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