Withdrawal of divorce case and reapply in another court.


Can I withdraw divorce case on technical ground and reapply fresh petition in another court in another state? Becoz my job have been shifted to another state . I m a female.

Answers (2)


269 votes

No you can't withdraw your casè for this reason you apply petition mentioning your cause and difficulty and transfer the case to that state if you withdraw without reason not giving the appropiate cause you can't file with same cause of action another case it will hit rejudicata and your husband will take the advantage of resjudicata and quashed the case


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111 votes

yes you can withdraw the case and for this you will have to file a petition for dismissal of case for non prosecution along with affidavit before the LD Court where the case is pending and LD court can dismiss the case and you can file a fresh suit for divorce in another state but in your application you have to mention that the similar application was dismissed for non prosecution and you have file the certified copy of that order before the later court

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