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Hello, I have an ongoing domestic violence (DV) case in Mumbai. I currently reside in Bangalore due to work. An affidavit of my current address has been submitted in the Mumbai court. Five months ago, my husband filed a divorce case at my maternal address, where no one resides. We did not receive any notice, and he did not send the notice via email or WhatsApp. I have missed 5 appearances. In one of the DV case replies, his lawyer mentioned that the divorce case was filed at my parents’ address, where no one stays. The case number mentioned in the DV case was also wrong. Now, I have found the correct case number on the eCourt site. My questions are: Can I ask my lawyer to get the divorce case dismissed, as neither my husband nor I stay at my parents' address? Can I file a transfer case to a different state where I currently reside, in the Supreme Court? My husband filed the divorce case at my parents' address intentionally to harass and trouble me. Please advise.
You can ask your lawyer to file an application to dismiss the divorce case based on incorrect jurisdiction. You can file for a transfer of the case to the state where you currently reside. If you believe the case is filed maliciously or to harass you, the court may consider your request. It is advised to consult with a lawyer for precise legal action. For further legal assistance contact us on our helpline number.