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Second divorce petition by husband.
30-Nov-2024 (In Divorce Law)
Sir, my husband has filed a second divorce petition in 2023 on same cause of action as it was in earlier divorce petition that has been already dismissed by family court on merits in 2014. My question is can I go for quashing of this second suit on the basis of resjudicata. Can I file a petition under section 151 cpc and if yes, then petition under section 151 should be filed before filling written statement or after W.S. If anything else can be done plz suggest.
Facts that constitute
grounds of cruelty, desertion, or adultery as the case may be, are likely to vary giving
rise to different causes of action depending on the facts and circumstances of each
cases. When cause of action is of continuing and recurring nature, subsequent
litigation of divorce brought on similar grounds, disregarding the dismissal of former petition will not be barred by res-judicata.
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Adv. Sujeet Notwal
Delhi | 400+ Answers
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Respected ma'am, please get your facts checked first before invoking the principle of Res Judicata. If he has filed the second divorce petition based upon some new facts and cause of action, your claim of bar under Res Judicata will crumble down to pieces. As far as petition is concerned, no petition is filed under Sec. 151, CPC. It must be noted that where there is no express provision available, only there an application and not petition under Sec. 151 will lie. You must have not been getting effective legal assistance, I believe. Find a lawyer who has in-depth knowledge about how the civil law actually works. Good luck!
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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In your case, where your husband has filed a second divorce petition on the same cause of action that was already dismissed by the family court in 2014, you may be able to challenge the second petition on the grounds of res judicata. Here's a detailed breakdown of your options:
1. Res Judicata (Section 11 of CPC)
Res Judicata prevents the same issue from being litigated twice. If your husband has already filed a divorce petition on the same grounds and it was dismissed on merits, you may invoke res judicata to argue that the second petition is barred.
You can argue that since the first petition was dismissed on merits by the family court in 2014, the same cause of action cannot be re-litigated.
.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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