divorce and annulment

A was married 3 months before. Now both 'A' and his wife applied for mutual divorce taking benefit of sec14 HMA which was rejected by court. Now A want to file case under section 12 for declaring marriage void on the ground of fraud and that his wife was pregnant at the time of marriage. 1. Can he file such suit for annulment or it will attract principle of Res-judicata Or any other bar?