KIRAN BOPPANA
(Querist) 17 November 2019
This query is : Resolved
1. I got married in DEC-2015, She left my Home in Apr- 2018, I filed Divorce in Aug-2018, She filed RCR in OCT-2018 in Her Home town.
2. RCR was at Marking of Evidence stage both my wife and her Counsel are not appearing for the last 4 dates. Last time the Judge said that he will dismiss the case. Will the dismissing of case benefits to My divorce case. If so in what way?
3. In my Divorce case also wife has not appeared a single time in front of the judge. can I ask the Honorable judge to pass an expatry order or shall I ask to mark my evidence as her counsel is attending?
Please let me know how to proceed in further proceedings.
Guest
(Expert) 17 November 2019
It is almost good for you that your wife is not appearing in the RCR case and let that case be dismissed
Guest
(Expert) 17 November 2019
If getting Divorce is your intention your Advocates could plead for Ex party orders. (you have not mentioned about Children Please )
KIRAN BOPPANA
(Querist) 17 November 2019
No children as she stayed only few months with me after marriage, as she used to go to her hometown for 20days in a month.
Guest
(Expert) 17 November 2019
Then no issues follow the advise of your Advocates
K Rajasekharan
(Expert) 17 November 2019
The question has already been answered properly.
What she pleads in her RCR case is just the opposite of what you plead in your divorce case. One is for living together and the other is for leaving off the marriage knot. So you may request the court to put an end to her case which will keep you away from an endless and fruitless litigation.
Seeking an early disposal of your case is also the right thing if you prefer a divorce and want to set up a life of different nature.
By all means, no marriage partner has any right to file a case and keep unnecessarily away from the court proceedings, stating no reasons. A prudent judge is bound to dispose of the case at the earliest if the party filing the case does not appear unjustifiably.
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