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Sangeeta (Accountant)     24 July 2012

Sec 11 resjudicata

Mr A was granted access to the children every 2nd and 3rd sunday  by the court to this children in the case of conjucal rights in civil court within same juridisction .  Later Mr A and Mrs A withdrew the case on mutual consent and were living seprately.  After 1 Year Mr. A again file a case on Mrs A for access of Children in session court within same juridisction .  Does  this matter file under Sec 11 Resjudicata. Kinldy help

 



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 July 2012

No Res Judicata is never attracted in cases of child custody for the simple reason that question of child custody depends on factors that are not static but fluctuating and varying all the time. What may be in the welfare of the child during the last proceedings, may not be so now. Hence Mr.A can again go in seeking visitation rights or even custody if the circumstances have changed. 

1 Like

dhirendra pateria (law officer)     27 July 2012

Mr chug is absolutely right -Ms sangeeta instead of thinking of a legal battle allow vigitation right t father it is for the bettrement of child


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