Legal Question in Family Law in India
We have done arrange marriage (without registry marriage in court) in 1996 under Hindu marriage. Myself belongs to Nadia district and my husband belongs to North 24 Parganas District. In November�2009 I filed divorce case in district judge court under my husband jurisdiction area (North 24 Parganas) instead of filing from Nadia district judge court mentioning my parental�s address where we have been married. I live in my mother�s sister house in Murshidabad district because my father is not alive and I have no brother & sister. Recently I have filed alimony case for my personal expense from Murshidabad district court. My husband appeared one time regarding divorce case but have not submitted any reply from his end. So I have decided to dismiss / withdraw the divorce case and wants to file a fresh divorce case from Murshidabad district court. Now my question is that, Is it possible for me to do so because it is too far (160 km) from where I live and my husband has not yet given any reply to the court regarding my divorce petition?
3 Answers from Attorneys
you can withdraw your case with the liberty to file a fresh ase in murshidabad.
in my opinion you may file for transfer of the case from 24 pargana to murshidabad which may be done only by supreme court
you can apply to court for withdrawl with liberty to file a fresh suit