Res judicata in matrimonial suits

Chanchal Nag Chowdhury (Querist) 27 January 2013 This query is : Resolved
The following is a real case going on in a family court:-
A hindu couple, with a son out of wedlock, filed for divorce.The suit was dismissed for non-prosecution. Suppressing this fact,the wife entered into matrimony with another person by declaring herself as "unmarried".
The 2nd. husband, coming to know about the past of his wife,filed for divorce before a family court.
Not being in possession of details relating to the earlier Mat. Suit & it's dismissal, he could not produce the evidence in court in time but could do so after the final hearing. The judge dealt with it & recorded a finding that the marriage was void. Curiously.he dismissed the suit as numerous irrelevant & unwanted evidence has been put in.
The 2nd. husband has again filed a divorce suit. The wife has taken a plea of res judicata.The court has fixed 01/02/2013 for hearing on the plea of res judicata.Please help. Asoke Guha,Kolkata.

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