Res judicata in matrimonial suits
Chanchal Nag Chowdhury
(Querist) 27 January 2013
This query is : Resolved
The following is a real case going on in a family court:-
A hindu couple, with a son out of wedlock, filed for divorce.The suit was dismissed for non-prosecution. Suppressing this fact,the wife entered into matrimony with another person by declaring herself as "unmarried".
The 2nd. husband, coming to know about the past of his wife,filed for divorce before a family court.
Not being in possession of details relating to the earlier Mat. Suit & it's dismissal, he could not produce the evidence in court in time but could do so after the final hearing. The judge dealt with it & recorded a finding that the marriage was void. Curiously.he dismissed the suit as numerous irrelevant & unwanted evidence has been put in.
The 2nd. husband has again filed a divorce suit. The wife has taken a plea of res judicata.The court has fixed 01/02/2013 for hearing on the plea of res judicata.Please help. Asoke Guha,Kolkata.
Devajyoti Barman
(Expert) 27 January 2013
Since parties are different, rule of res judicata does not apply here.
R.K Nanda
(Expert) 27 January 2013
agree with expert Barman.
