Application for divorce

PRAVIN (Querist) 03 January 2015 This query is : Resolved
Dear Experts

please help me, in following

1) can husband file application for divorce in the court of civil judge (Sr. div.) second time ,if once denied in district court before 15 years.

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ROHIT SHARMA (Expert) 03 January 2015
1. Yes, one can do so without any problem.

Daksh (Expert) 03 January 2015
Dear Mr.Pravin, By the virtue of principle of res judicata the similar parties are estopped from raising the same disputes more than once hence if divorce has been refused if cannot be agitated again on the "SIMILAR FACTS AND CIRCUMSTANCES AGAIN".

Hope this clarifies amply.

Thanks and regards

Daksh

Dr J C Vashista (Expert) 04 January 2015
It depends upon the cause of action.

If your husband has withdrawn his case 15 year before and filed it afresh, it donot attract "res-judicata". He can move afresh.

Seek advise and guidance from your lawyer producing all relevant documents/papers/ case file.

Devajyoti Barman (Expert) 04 January 2015
What is the outcome of the first case?

The reply to your query depends on the reply of my aforesaid query.

ajay sethi (Expert) 04 January 2015
you can file for divorce on fresh grounds not raised in earlier petition

Rajendra K Goyal (Expert) 04 January 2015
Divorce can be filed on fresh grounds.

T. Kalaiselvan, Advocate (Expert) 07 January 2015
The divorce filed subsequently on fresh grounds will be maintainable.

malipeddi jaggarao (Expert) 11 January 2015
The author is silent.

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