Query for res judicata, damage and time limit for damage
Dipak
(Querist) 29 June 2014
This query is : Resolved
Earlier wife filed a divorce application in foreign court on ground of one year separation and she got ex-parte divorce order by foreign court as husband was in India and he had been unable to contest the case in foreign court. Then, wife has filed the other divorce petition in Indian family court through power of attorney on cruelty ground u/s. 13(1)(ia) of Hindu Marriage Act. Now, Husband does not want divorce as he wants sustain marriage life.
Que 1: RES JUDICATA: Is this case of Res judicata? Can husband apply under section 11 of CPC to dismiss the second petition of divorce which filed in Indian family court?
Que 2: DAMAGE: Can husband file a suit for damage as he has suffered emotionally and mentally by the act of wife for foreign divorce order?
Que 3: TIME LIMIT: The order of foreign divorce was passed before two years and two months. Is this any time limit to file a damage suit in this case? Can he file a suit of damage now?
T. Kalaiselvan, Advocate
(Expert) 02 July 2014
An order dissolving the marriage by a decree of divorce by a court in a foreign country as per that country's law on the marriage that was solemnized as per Indian laws is not maintainable in India and is invalid. Therefore do not worry about the decree of divorce in a foreign country. Since it is not valid as per Indian laws, the doctrine of Resjudicata will not apply. Since it is not valid, you will not be entitled to damages as compensation, moreover you never attended the case so there is no question of mental agony. For your third question, once the ruling is considered in valid, there is no question of limitation.
