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Withdrawal After Divorce Transfer Petition To Other State


28-Sep-2023 (In Family Law)
I am residing in Bangalore and got married to a girl in Vellore on 21st April 2018. After marriage, She had started mistreating and harassing my handicapped mom and asked her to leave the home. After some unbearable behavior of her, I filled divorce petition at Bangalore family court in June 2019. She didn't attend the court hearings but got a stay for the proceedings at supreme Court and requested for transfer to Vellore (Tamil Nadu). Transfer Petition hearing will happen on 12th December 2019. I don't want to contest the petition in supreme court and let it transfer to Vellore. Once the case is transferred to Vellore, 1. Can I withdraw the case in Vellore and refile it in Bangalore with new petition number? 2. Should I attend at least one hearing at Vellore court before I could withdraw? 3. Will I continue as a petitioner in the Vellore court since she has filled for transfer petition? 4. How many times can I withdraw and refile it in Bangalore?
Answers (1)

Answer #1
747 votes
regarding your first query
you can withdraw Case anywhere and you can't refile here again for that law forbids. second ; if you want divorce you have to contest from wherever the case proceedings starts.
thirdly, yes if you filed the divorce, you are the petitioner and fourth, you can file and withdraw any number of times, but the only first case will subsists and remaining all will be dismissEd with exemplary cost on you, so don't play that game.
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