Sangeeta (Accountant) 24 July 2012
Mr A was granted access to the children every 2nd and 3rd sunday by the court to this children in the case of conjucal rights in civil court within same juridisction . Later Mr A and Mrs A withdrew the case on mutual consent and were living seprately. After 1 Year Mr. A again file a case on Mrs A for access of Children in session court within same juridisction . Does this matter file under Sec 11 Resjudicata. Kinldy help
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 July 2012
No Res Judicata is never attracted in cases of child custody for the simple reason that question of child custody depends on factors that are not static but fluctuating and varying all the time. What may be in the welfare of the child during the last proceedings, may not be so now. Hence Mr.A can again go in seeking visitation rights or even custody if the circumstances have changed.
dhirendra pateria (law officer) 27 July 2012
Mr chug is absolutely right -Ms sangeeta instead of thinking of a legal battle allow vigitation right t father it is for the bettrement of child
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