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Applicability of res judicata in domestic violence case
17-Nov-2023 (In Family Law)
Engineer wife deserted in year 2007 with my then 3 yr old son. She filed DV case for maint. in year 2008. After completion of her cross it was clear to the trial court that DV is not established. At this point she and her lawyer were absent for the proceedings and the case was dismissed by the trial court in year 2016. 1 year after her dv case dismissal she filed for reinstating her dismissed dv case in distict court and on non-compliance of district court order to satisfy it on certain point this appeal was also dismissed after 1 year as she and her lawyer remained absent for proceedings. Immediately after dismissal of her appeal she filed another DV case in 2018 in different district court in same district. Since we do not have any domestic relationship since year 2007 and her one DV case and appeal against me is already dismissed, is res judicata not applicable, since trial court has awarded interim maint. In latest case. Should I appeal against the interim order? (Hindu marriage)
As the domestic violence case and it's appeal already dismissed by the court, her fresh dv case won't be maintainable if filed based on the same allegations. You may tender the copies of the dismissal order before the court.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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