abt divorce

Guest (Querist) 25 May 2010 This query is : Resolved
my husband filed divorce 2 yr before and withdraw that petition on the basis that he cant attained bcoz thr are other 2 more court proceedings & he has to attained that also.
Can he refile the divorce again.

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Raj Kumar Makkad (Expert) 25 May 2010
Doctrine of res-judicata as defined in section 11 of CPC is not applicable in such matters so husband can re-file divorce petition if he has sufficient grounds for that.

Guest (Expert) 25 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING DIVORCE KINDLY NOTE THAT

1.HUSBAND FILED DIVORCE PETITION AND WIDRAWN THE SAME.
KINDLY NOTE THAT HE HAS WIDRAWN THE SAME BECAUSE HE WAS NOT WILLING TO PAY ANY INTERIUM MAINTAINENCE TO YOU UNDER SECTION 24 OF HINDU MARRIAGE ACT AND HENCE THE DIVORCE PETITION WAS WIDRAWN.

HE CAN FILE THE SAID APPLICATION AGAIN BY MENTIONING ADDITIONAL REASONS FOR THE SAME.
2.HENCE IT IS ADVISIBLE THAT IN CASE YOU NEED DIVORCE THEN YOU CAN SUBMIT THE DIVORCE PETITION IN THE COURT AND ALSO CLAIM MAINTAINENCE.
YOU MAY KINDLY WRITE AND SEND DETAILS FOR ANY FURTHER HELP
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS

adv. rajeev ( rajoo ) (Expert) 26 May 2010
He can file another MC case for divorce, because there is no final order in the case which he has withdrawn.

G. ARAVINTHAN (Expert) 26 May 2010
No divorce can be seek on same ground as Res Judicata applies.
But he can initiate proceedings under other grounds for divorce