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peterausger (d)     20 February 2014

Divorce

Dear sir, In 2012 Feb,

I filed a divorce petition in a family court and after many sittings, I got my divorce granted recently

to be specific oct 2013 (IT WAS AN EX PART DIVORCE, my ex wife didn’t attend single sitting)

For a speedy settlement, I approached high court and the hon. high court requested the lower court to give the judgment at the earliest. (Even in high court she did not turn up)

My ex wife filed a petition under restitution of conjugal rights in 2012 March in other court.

She attended the sittings for 3 or 4 times and after that she stopped.

My lawyer is representing me there and I have not attended single sitting. (Still the case is going on.)

Hon court has sent several notices to my ex wife but she did not turn up.

My question is can I request the other court to close the case?

Based on the divorce granted , can I remarry?

Is it really required to attend the court proceedings in other court? Is that case valid ? Kindly advice,

Thanks Peter



Learning

 12 Replies

peterausger (d)     21 February 2014

dear all,

please help me.

is my case very very difficult to settle?

i am not seeing any response to my query thats the reason why i am asking this...

thanks

peter

Kapil Gupta (Advocate)     21 February 2014

Dear friend, you should file for quashing the suit. You should inform the court about the order of the divorce granted.

Biswanath Roy (Advocate)     21 February 2014

You submit the court's order for Divorce in the RCR court and pray for quashing the proceedings. serving notice to the opposite party.

peterausger (d)     21 February 2014

thank you very much sir...

T. Kalaiselvan, Advocate (Advocate)     21 February 2014

The best remedy is that your lawyer can file an application to dismiss the RCR case in that court based on the decree of divorce dissolving your marriage by the court here, which was very well in the knowledge of your wife but she had intentionally stayed away from contesting the same and also that she has not shown any interest to prosecute the RCR case also.  You have chances of RCR getting dismissed.

1 Like

peterausger (d)     22 February 2014

thank you sir.

sir one last question, based on the divorce granted by other court, can i remarry?

regards

Peter

T. Kalaiselvan, Advocate (Advocate)     22 February 2014

You have to wait for a period of at least 90 days from the date of order for remarriage.  You can go ahead after completion of 90 days from the date of the said order, provided she has not filed a petition to set aside the exparte order of divorce granted by the court.

peterausger (d)     23 February 2014

dear sir,

i got my divorce granted in oct 2013 so its more than 90 days..

if i remarry without closing the rcr case, will it be a problem? the most funniest part is my ex wife is not at all coming for any sittings there and my lawyer is representing me there.

by rt the rcr court  should automatically close the case because i got the divorce granted by other court..

i dont know but this is common man's common sense...

thanks

peter

peterausger (d)     23 February 2014

dear sir,

my lawyer has already informed the rcr court that other court has granted divorce still i don't know why they are keeping the case open...

my lawyer has filed an affidavit in rcr court...

for past 2 years that case is going on and court has sent many many notices to my ex wife and still she did not turn up ...

sir if i send my lawyer, will the case become xparty against me... can u please advice?

thanks

peter

peterausger (d)     23 February 2014

sir,

what i mean is if i dont send my lawyer, can the court there grant an xparty in favour of my xwife?

is it possible ?

thanks

peter

ANAMIKA VICHARE (LAWYER)     01 March 2014

You now better get married on the basis of ex-parte decree, if yr wife appears any time, she would first file Petition for setting aside ex-parte decree by giving reasons....You get married fast before she appears

peterausger (d)     07 March 2014

thanks mam,, thank you very much... i am going ahead with my marriage....

i waited so long for her to come back but she just spoiled everything now i am really helpless...

i married her not to divorce her but this is life,, all these are part and parcel of the game,,

thank you very much ...


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