Does this case applicable under sec.9,10,11 or 12 of cpc?
c. shah...
(Querist) 07 July 2014
This query is : Resolved
Earlier wife filed a divorce petition u/s. 13(1) (i a) of HMA by mentioning allegations of cruelty. The stages of Reply, frame issues, evidences and cross examination of parties were completed in this case and the case was reaching on arguments stage. Then, the divorce petition was converted to mutual consent divorce petition u/s.13B of HMA by the consent of both the parties. Then, husband had withdrawn his consent from the petition u/s. 13B of H.M.Act (mutual consent divorce) after the next court date of filing the petition as he does not want divorce. Then, the petition had been disposed by Court. Now, again wife has filed a divorce petition u/s. 13(1) (i a) of HMA in family court by mentioning same old allegations of cruelty and adds the new allegation that the act of husband of withdrawal of consent from the petition of mutual consent divorce has treated her with cruelty. Is this case of Res judicata u/s.11 of CPC? Can husband apply under section 9, 10, 11 or 12 of CPC to dismiss the second petition of divorce?
Devajyoti Barman
(Expert) 08 July 2014
Matrimonial dispute can recurring cause of action and hence no res judicata applies here.
Rajendra K Goyal
(Expert) 08 July 2014
Agree matrimonial,disputes may recurring causes, no res judicata applies
c. shah...
(Querist) 08 July 2014
Thank u sir, experts replies of this cite are really useful to lay man.
T. Kalaiselvan, Advocate
(Expert) 08 July 2014
