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Narendra   20 May 2018

Eligible to married ?

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

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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.

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My Wife not stayed with me in pune city after marriage. Stayed with me in Bangalore City after marriage. At present date don't know which city she is staying. when I was filed RCR that time she was staying in Guwahati in 2015.

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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 ?

Qus2 -Can File divorce case in Pune City ?

 



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 1 Replies

Aman chawla (DELHI HIGH COURT ADVOCATE)     20 May 2018

ANSWER-1: No sir, Nor you neither your wife can perform a second marriage without having valid Divorce Decree.

ANSWER-2: So, you have two ways either file execution of that RCR decree or you should go for Divorce on the basis of RCR decree. So if you want to live with her then plz file execution and if you do not  wish  to continue your marriage then you can seek a divorce from the court

ANSWER-3: I would suggest you to please file divorce there from where you got an RCR decree 

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