Strange situation : rcr and divorce in final stages
Sathya Shanmugavlu
(Querist) 28 December 2023
This query is : Resolved
Dear Experts,
I have a strange situation.
Both my wife's divorce case and my RCR case are running parallely in same court same bundle, Vth Addln Family Court, Chennai.
My RCR is in Cross Examination stage after evidence marked.
My Wife Divorce in Evidence stage, so far they did not provide evidence and dragging the case.
Judge set last chance for PW1 cross Examination on my RCR.
If my RCR is ordered on merits, will her Divorce petition gets automatically dismissed or will it still run till she provides evidence (even if that take years to conclude)
I just want to end these cases soon and not give them chance to drag the cases.
Please advice 🙏
Thanks,
Sathya
kavksatyanarayana
(Expert) 28 December 2023
Both the cases will run concurrently like 2 suits clubbed together or like sister suits. The judge will either allow divorce and dismiss the RCR or allow RCR and dismiss the divorce petition or can even dismiss both the cases but he will never allow both the cases.
T. Kalaiselvan, Advocate
(Expert) 29 December 2023
If the RCR case is decided in your favor then you can file a memo before court stating that that her divorce case has become infructuous hence it may be dismissed
Sathya Shanmugavlu
(Querist) 29 December 2023
Thank you very much Kalaiselvan sir and kavksatyanarayana sir for your valuable inputs🙏
Experts, any alternative view on the above other than what was stated.
