n 2007, my ex-husband filed a case for the custody of our minor child. However, he and his counsel failed to appear before the court on the following sittings. Hence, the court dismissed the petition. Three months later, he filed a restitution petition saying that he was ill and hence unable to appear before the court. The court allowed the petition. However, he and his legal counsel failed to appear before the court again. Hence, the court dismissed the petition again. In 2013, after more than 5 years, he has filed for custody again. However, his affidavit is entirely false. But the court is not taking into account all those facts. It has allowed the petition. Doesn't the condition of res judicata apply here? I know a case has to be decided on its merits if it res judicata has to apply. But, should it not apply if a person discontinues a case on his own and without appearing the court? Please note that he did not withdraw the case from the case both times. I tried asking the lawyer to file CrPC 340 against him, but the lawyer is saying that it will not work. My ex is also a lawyer. But the affidavit he has filed is full of false and contradictory statements. What should I do? There is no change of circumstances.
