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BJM_BJM_BJM (Service )     05 March 2010

urgent help

Learned Sirs ,

My petion for restroration of marrige  is pending at Vishakapatnam and is dated for 25th march 2010. Hon'ble supreme court has directed for restoration of marriage first at vishakapatnam and then for transfer at dehradun.

Meanwhile my Injunction petion restraining my husband  from marriage at dehradun will be dismissed likely as the question of jurisdiction has been raised .Court believe that it must be vishakapatnam where such injunction should be raised.

Vishakapatnam case is very slow in this aspect .

My fear is that if the injunction is removed on 9th of march he may marry the very next day .

My question is when order 9 rule 13 is pending can he re-marry ?Can I stop this marriage by any means.Army will not help me that I have seen but is there any other alternative to stop maraige .

My name has been removed from army records and inspite of me writing again and again to army authorities no action has been taken by army authorities till yet . What should I do know .

Shall I file writ petion at high court to reinstate me as wife in army .

Thanking you in anticipation ,

dr. bharti jaiswal



 6 Replies

Guest (Guest)     06 March 2010

Without full details, it is very difficult to give precise answer to your question.

Any how, with the little information availabe, my answer is this: when O.9 R.13 application, which has been duly served,is pending, he should not go for second marriage.  But to put you in misery, he may again marry irrespective of future consequences.  After that, the court instead of going to nullify the second marriage, may put some fine on him and upheld the decree of divorce.

To avoid this unpleasant, if not ugly situation, what you have to do is:

1.  File a suit for permanent injustiction along with the interim relief of temporary injunction restraining him to marry again till the disposal of your RCR petition at Visakhapatnam.  As such petition was dismissed already at Dehradun (on the ground of maintainability, I hope it is on the question of territorial jurisdiction), you file this at Visakhapatnam and get ex-parte stay order and get it served immeidately on him.

If you feel that Visakhapatnam court is not acting with due deligence (I think the jurisdiction is with Additional District Judge), immediately you can move the High court under Article 227 or seeking revision of the order (no order) passed by the lower court. 

Do not rely on Army.  As it is is the matter of personal dispute, they may not involve.  

ad. creaminall (professional Advocate)     06 March 2010

i agree with prabhakar.

BJM_BJM_BJM (Service )     08 March 2010

My question is when order 9 rule 13 is pending can he re-marry ? HE IS AWARE OF THE PROCEEDING AND HE HAS CONDUCTED AFRAUD IN THIS REGARD ...... MY MARRIAGE WAS ON 27 SEP 2006 AND WAS IN DEHRADUN UNDER SPECIAL MARRIGE ACT . THE DIVORCE DECREE WAS UNDER HINDU MARRIGE ACT FROM VISAKAPATNAM AND THAT TOO OF MARRIGE DATED 29 NOV 2009 . OUR RECEPTION TOOK PLACE AT VISHAKAPATNAM.

Guest (Guest)     08 March 2010

If he has received the notice of O.9R.13 application from Court in divorce petition, he cannot marry during pendency of that application.

The following statement of yours, I could not understand.

"THE DIVORCE DECREE WAS UNDER HINDU MARRIGE ACT FROM VISAKAPATNAM AND THAT TOO OF MARRIGE DATED 29 NOV 2009 ."

BJM_BJM_BJM (Service )     09 March 2010

It menas the divorcee was obtained by fraud under hindu marriage act of the marriage dated 29 th nov 2006 where as we got married under special marriage act on 27th Sep 2006 in dehradun  . he has projected our reception as marrige ..

its a big fraud and I am fighting against even a wrong decree of divorce

Guest (Guest)     09 March 2010

Yes, you can fight it on that particular fact also.  But the most important thing and which you should not miss is to stop him from getting married second time without having a proper and valid divorce decree.  Hence, you take necessary steps to prevent it by obtaining stay order from the court instead of relying on the legal points that a person should not go for second marriage, when O.9.R13 application is pending.


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