Legal Question in Family Law in India

There was a girl and boy. Both of them married in a temple in 2007 in India. At that time both of them were studying in the same college. They completed their education in 2009 and returned to their parents respectively. They did not inform their parents about the temple marriage. in 2009, they tried to get them married as arranged marriage with the consent of their parents. However, the parents of the girl did not agree to this marriage. Both of therm were living separately since March, 2009. In November, 2010 the boy filed a Habeus Corpus petition in the High Court. In the High Court the girl sdenied the marriage and stated that she wanted to stay with her parents. She is still living with her parents and now wants to marry with the boy of her parents choice. The boy then filed for RCR under Section of HMA. However, on the first date itself the boy withdrew the petition unconditionally.

My question is can the boy file the RCR petition again. If yes, after upto how many months of withdrawl of the earlier petition. Can the girl now marry somewhere else.


Asked on 4/07/11, 11:45 pm

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in matrimonial issues, though res judicata does not operate but considering the facts of your case, there is no point pursuing this matter any further. you had filed a habeas corpus and the girl denied the factum of marriage. as it was a temple marriage, you may not be having the proof of the same. to initiate an action, some cogent proof of marriage should be there in your possession. better forget this girl and move ahead.

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Answered on 4/08/11, 1:01 am


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