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Dipak (service)     25 June 2014

Res judicata: sec.11 of cpc

Earlier husband filed divorce petition on cruelty ground by mentioning allegations. Then, the divorce petition was converted to mutual consent divorce petition by the consent of both the parties. Then, wife was withdrawn her consent for mutual consent divorce and at the result, the mcd petition was disposed by Court . Now, again husband has filed a fresh divorce petition in family court on cruelty ground mentioning same old allegations and add the new allegation that the withdrawal of consent of wife in mcd is treated him cruelty.

Que 1:Is this case of Res Judicata? Can Wife apply under section 11 of CPC to dismiss the second petition of divorce?

Que 2: In the fresh divorce petition, can he plead on the old same allegations which he mentioned in the earlier old divorce petition ?



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 1 Replies

Advocate Bhartesh goyal (advocate)     25 June 2014

[1] No, present case does not come uner the purview of Res Judicata as earlier case was not decided finally.Principles of Res Judicata applies in case  when,  same issue/ground  in both the cases between the same parties and that issue has been decided finally in earlier suit then the same issue can not be raised in later suit.

[2] Yes he can raise same grounds as they have not been decided finally.


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