I filed Petition under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights . Date of Instt-1/8/2015 Date of Decision-2/12/2016 ----------------------------------------------------------------------------------------------------------------------------- I am a a petitioner in this case and received section 9 decree sheet from Gurgaon court. At present Date i am Staying in pune city. following message was written on my RCR decree paper sheet. Claim for Dissolution of marriage between the parties by a decree of divorce in favor of petitioner and against the respondent . Petetion presented on 1/08/2015 This petition coming on 2/12/2016 for final disposal before me (District judge, family court Gurgaon ) in the presence of : Advocate Name for the petitioner: Respondent already exparte VOD 23/03/2016. It is ordered that the petition fails and the same is hereby dismissed with costs. Given under my hand and the seal of this court on 2/12/2016. --------------------------------------------------------------------------------------------------------------------- please provide the ans of following query. Qus1- Will be able to legally married ? Qus2- Is it Required to file a divorce case based on RCR order ?
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You cannot remarry until and unless you have a
divorce decree from a competent court having jurisdiction to adjudicate such matters. As of now, you're still married as no,divorce has been granted as yet.
You'll have to file a separate contested divorce case on the grounds which are applicable in your case, also stating the fact that the RCR was not successful and your wife didn't attend the same and was proceeded ex-parte.
Exparty divorce is allowed to the respondent and your patition is failed and disposed of with cost.
You have to file a petition to oppose the exparty if you do not look for the divorce.
Thank you for your quick Reply. At present date I am not staying in Gurgaon City. Current Date Staying in Pune City since 1.4 years . Please suggest me . 1>From Which City i can file separate contested divorce case under which court (District court or family court). 2> Under which Section can file separate contested divorce case . 3> Can file separate contested divorce case in Pune District Court . 4>In my case how much time court will takes to give Divorce order approximately. 5>Do you like to suggest any lawyers name in pune city.
Your marriage is not dissolved by family court
2) you can file for divorce after period of one year after RCR decree if wife refuses to stay with you
You have to file for divorce in family court
2) contested divorce case cannot be filed in district court
3) contested divorce proceedings take 5 years to be disposed of
4) you should file for divorce where marriage is solemnised or where you stayed after marriage or where wife is staying
Has your wife ever stayed with you in Pune after marriage?
First of all your RCR petition has been dismissed by the court against you..
Therefore the marital status remains as what it was.
As per your contention the other side has already obtained a decree of divorce hence the RCR petition stands dismissed.
Without seeing the orders of both the cases no concrete opinion can be rendered,.
1. If your marriage has already been dissolved by a decree of divorce, how can you again file a divorce case afresh?
If you answer the above question all other questions shall be answered accordingly.
1) You can file divorce case from pune city as you are staying in pune.
you have to file section 13 petition to get divorce at any of the place mention below
where your marriage was solemnized, or
the respondent i.e your wife at present residing or
you both last resided together
Your petition is dismissed under section 9 of HMA. You need to file for divorce in order to get married. Seems there is some typographical error in the decree. It says that petition for dissolution of marriage, please get the same corrected.
Divorce can be filed on the grounds of cruelty. It can be filed at the place of Marriage, last place stayed with the wife or where wife is presently staying.
The said Petition is not of divorce. You need to file divorce for marrying again.
