(Guest)

Res judicata section 11 cpc

Respected Gurus,

I recently filed an fresh petition in the lower court/ditrict court under hindu marriage act section 13 1 1(a) 2

as my wife obtained the conjugal rights decree and no restitution happend in 1 year , but earlier i filed a divorce op , subsequent to divorce op she filed conjugal rights petition , my petition dismissed by lower court as lower judge felt that they felt "I need to set a side the RCR , then only proceed with the divorce op" , but I filed the divorce petition in the year 2011, then she filed RCR petition in 2012 , so lower did a bluner mistake in my view , all the previous divorce op petition takes around 4 years , now I filed a fresh petition in the same court on different ground , so can I take the advante of RES JUDICATA , as to avoid the same proceedings in this fresh case

please advice me

Regards

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(Guest)

Why did you file fresh petition based on fresh ground? As your wife won RCR, and RCR did not take place, you should ask divorce based on only that point which is restitution did not take place, hence grant divorce, court cannot dismiss divorce application when you ask it on this ground under HMA 13-1(a). Rest all story and ground are difficult to prove. When law itself has given good opportunity under 13-1(a) to get divorce why do u want other grounds? Court did not do any blunder in your case earlier. It is you who did blunder by filing diovrce case without filing RCR. First you should have filed RCR,waited for RCR case to be over, then filed divorce irrespecitve of whether u lose RCR or win RCR.