Legal Question in Civil Rights Law in India

Resjudicata

Would Resjudicata apply in a cruelty case(2nd case filed by the 1st petitioner again) under section 13(1) (a-i) after the dismissal of a mutual consent case under section 13B(1st case dismissed since the 2nd petitioner didn't want to provide divorce) for divorce as per indian law when the issue is between the same party, same issue(dowry) and same title(divorce)?


Asked on 5/30/07, 7:08 pm

5 Answers from Attorneys
Nandita Haldipur Haldipur Associates

Re: Resjudicata

No resjudicate will not apply here as the earlier case was under sec 13 B and as teh same was dismissed due to withdrawal of consent by one party the the 2nd case on merits is mainitainable

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Answered on 6/07/07, 5:04 am
G. M. Gupta gmguptaandassociates

Re: Resjudicata

from the given details it seems that resjudicata will not apply. anyway you can ask your lawyer and even verbally mention in the court also along with the papers of the earlier case. if the judge will think it applies then he will dismiss the case

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Answered on 5/31/07, 1:11 pm

Re: Resjudicata

It depends from case to case.detailed facts and documents are to be examined to give proper advise.

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Answered on 5/30/07, 10:12 pm
Sachin Sangare Private Practise

Re: Resjudicata

It is difficult to comment but resjudicate is for same cause of action between the same parties. grounds for divorse for mutual consent and Section 13 1 are different

But the matter needs further study

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Answered on 5/31/07, 12:30 am
Vivek Mapara Mapara Law Firm

Re: Resjudicata

In divorce case Res judicata does not apply when there is a cause on the basis of subsequent event, even though the subsequent event may be the same as was in the earlier lis

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Answered on 5/31/07, 4:25 am


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