Second divorce petition after 14 years on cruelty and desrtion. The same was decided by the concern court before 14 years on merit. It went agaist husband. He didnt get divorce before 14 years. Now, husaband filed a divorce petition on same cause of action i.e. cruelty and desertoin and One more new cause of action. New cause of action is: They filed a mutual cosent divorce petition in 2015, but wife didnt appear for the second motion. And it was dismissed on default. On the date, when mutual consent divorce was dismissed, husband and wife was not present. And court dismissed it for 'NOT FURTHER STEPS ARE TAKEN;. After the dismissal husband filed for restoration of mutual consent divorce. But wife gave a say that 'she want to co-habit. and consent which was given in mutual consent divorce was under pressure. Now, husband filed a contested divorce petition. But he metioned, all the story from the begining in his petition and added one more cause of action, i.e she resile from consent, is cruelty to husband. My question is, whether Res Judicata will apply to this petition is all the story is described in petition and ask for divorce on desetion and crutly?
