Jasmeetsingh (Law Student) 20 August 2011
A cause of action of divorce, on ground of non compliance with decree of RCR which aroused during pendency of appeal of husband against dismissal former petition of divorce on ground of cruelty and desertion. Now whether the subsequent petition for divorce by husband on ground of non compliance as stated above is barred by the principles of constructive res judicata?
Adv Archana Deshmukh (Practicing Advocate) 20 August 2011
No... as the cause of action is different.
Hemant makkar (Advocate) 25 February 2012
first of all check the grounds of dismissal (Whether its a technical dismissal or dismissal on merits) in former suit in which appeal is pending. n moreover appeal is pending so suit cant b called as a decided suit.. n ground is arising in ur case during pending of appeal so no ques of resjudicata will arise.. ofcourse it could b construtive resjudicata if ur abovesaid ground (related to RCR) arises earlier..
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