• Withdraw divorce case

I filed divorce case at the place where my in laws reside. Now  I want to transfer the case to my place. is there any procedure for transfer a case from one state to another.

If not then can I withdraw the case from there with liberty to file at my place and then file the case at my place. If I file the case at my place whether the same will be treated afresh or in-continuation of previous.
Asked 2 years ago in Family Law from Haridwar, Uttarakhand
Religion: Hindu
Hello,
1) As you have filed the case you are at liberty to withdraw the case any time during its pendency. You can then file afresh a case where you are going to reside.

2) The new case will not be treated in continuation as you are making a withdrawal.

3) Alternately you can move an application in the Supreme Court seeking permission to transfer the case interstate as you have compelling circumstances to relocate to a new place. As you are the petitioner you may find some difficulty in convincing the court for a transfer.
S J Mathew
Advocate, Mumbai
2146 Answers
94 Consultations

5.0 on 5.0

One can always transfer a case from one district to another in the same state though the high court or from one state to another through the supreme court.
However each of transfer petition depends on the merit of the each case and no case is transferred at the will of the party.
So unless you make a case for transfer of the suit filed by you in one city to another , the same may not be allowed,
Devajyoti Barman
Advocate, Kolkata
9930 Answers
119 Consultations

5.0 on 5.0

1) you have to move supreme court for transfer of case from one state to another 

2) if you withdraw case and file wherein you are residing it would be afresh case and not continuation of old case 
Ajay Sethi
Advocate, Mumbai
36458 Answers
2026 Consultations

5.0 on 5.0

Why did you file it in the first instance where your in-laws reside? You ought to have filed it where you last resided with your spouse. If they applied for transfer subsequently you could have contested it. You cannot now withdraw the case therefrom and file it at your place except with the permission of the court. One is not permitted to apply for transfer of his own case except on the ground that you are not getting a fair trial in the trial court. 
Ashish Davessar
Advocate, Jaipur
21587 Answers
578 Consultations

5.0 on 5.0

Hi, You have to approach Supreme Court for transfer of case from one state to another state.

2. Don't withdrawn the case it will affect you it is better you can approach Supreme Court.
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
182 Consultations

4.3 on 5.0

1) you have to wait till judge is appointed for the said court 

2) if you have any urgent applications for interim reliefs registry will assign it to another judge for hearing
Ajay Sethi
Advocate, Mumbai
36458 Answers
2026 Consultations

5.0 on 5.0

Hi, you can't transfer the case for the reason of vacant court. If you want to transfer the case then you have to approach Supreme Court.
Pradeep Bharathipura
Advocate, Bangalore
4372 Answers
182 Consultations

4.3 on 5.0

1. You can file a petition praying before the Supreme court for transferring the case to your state you have already filed at your in laws state,

2. It will be easier for you to withdraw the case with the leave to file it again and then file it afresh at your place.
Krishna Kishore Ganguly
Advocate, Kolkata
15522 Answers
377 Consultations

5.0 on 5.0

1.It will be difficult to get your case changed to other Judge in the same Court,

2. It will be easier for you to withdraw the case with the leave to file it again and then file it afresh at your place/state.
Krishna Kishore Ganguly
Advocate, Kolkata
15522 Answers
377 Consultations

5.0 on 5.0

I filed divorce case at the place where my in laws reside. Now  I want to transfer the case to my place. is there any procedure for transfer a case from one state to another.
Yes,  you can file a petition before supreme court to get the case transferred to your place by giving sufficient reasons justifying your cause.



If not then can I withdraw the case from there with liberty to file at my place and then file the case at my place. If I file the case at my place whether the same will be treated afresh or in-continuation of previous.
If you would like to withdraw the case with leave to file a fresh divorce case in your place, yo can very well do it.  The case filed in your home town will start afresh and not in continuation of the withdrawn case.


T Kalaiselvan
Advocate, Vellore
26421 Answers
268 Consultations

5.0 on 5.0

The court where i had filed the case is not sitting since last 4-5 months i.e. at in-laws place. Is there any remedy that my case can be transfer to another judge as I believe application to supreme court will not be accepted based on this ground. Kindly suggest what should I do.
For this reason you cannot get transfer of the case to your home town.  Instead you can withdraw the case and file a fresh case in your home town.
T Kalaiselvan
Advocate, Vellore
26421 Answers
268 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer