xpressjunction (Site engineer) 08 May 2014

Civil suit against settlement deed

Respected Sir/ Madam

In 2010, My estranged wife filed a civil suit to prevent me from alinating my self-earned property ( purchased before marriage). However the Suit was dismissed in 2013 with the order stating since it is self-earned the respondent can deal with it as per his wish.

Based on the order I did a settlement deed of the property in my Mother's name and duly registered it.
The EC got subsequent to that reflects the same.

Subsequently a year after that in 2014 she has filed a Civil suit again in the same court this time against my mother and me stating that since my name appears in the Corporation Tax record, I have a right on that property and hence she has as well and hence has moved to make the settlement dead null and void.

Is the petition legally tenable? (i.e) Can she file a civil suit again the same court asking to nullify the settlement deed?

Can she stake a claim in the property even though her earlier claim was dismissed by the same civil court?

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5 Replies

adv.raghavan (Advocate,9444674980) 09 May 2014

she can, because the grounds for suit is little different from the earlier one, but she is going to get the same judgement in this case also,as she got in earlier case. so do not worry.

K.K.Ganguly (Advocate) 09 May 2014

1. She can file any case she likes to. No body can stop her in filing cases but she has to establish her grounds/allegations before the Court,

2. In the instant matter, the Court has already passed order stating that you can settle the property in any way you wish to,

3. Her this suit also will be dismissed finally on the same ground,

4. Relax.

Biswanath Roy (Advocate) 09 May 2014

It appears from your query that the present suit filed by your wife may be a case of Res-judicata so get it examined by an expert lawyer.

T. Kalaiselvan, Advocate (Advocate) 10 May 2014

Even if Res-judicata clause will not apply if her cause of action and prayer differs from the previous suit, the present suit if taken on file will meet the same fate as that of the previous suit because basically she does not have any right to file such suit seeking the relief mentioned in her present suit hence let she come out with any pleadings, wait and watch and challenge her case appropriately.

Advocate Ravinder (Advocate/Attorney) 11 May 2014

As Mr. Biswanath Roy advised resjudicata will apply. File an I.A. mentioning the judgement given in the earlier civil case stating that you are at liberty to dispose the property as you like and pray the court to dismiss/reject the Plaint int he first instance itself. If the I.A. is allowed, the suit will be dismissed. If the I.A. is dismissed, file appeal in the superior court against the dismissed I.A.