Filing repeated dv

The Court is not expected to entertain the DV Petition in the absence of prima-facie evidence?

Hello sir,

An application under Domestic Violence is mainly of a civil nature therefore the doctrine of Res Judicata would be applicable in such cases. The doctrine operates as a bar to the trial of a subsequent suit on the same cause of action between the same parties. A cause of action is the set of facts on the basis of which a person has the Right to Sue.

This doctrine has been enumerated under Section 11 of the Civil Procedure Code. As per Section 11, no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties or between parties under whom they or any of their claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which this issue has been subsequently raised and has been heard and finally decided by the court.

Since she has filed the same case with the same cause of action in a lower court, even though her case has already been dismissed on appeal, so the Doctrine of Res Judicata will be applicable. Therefore, her suit would be barred by Section 11 of Civil Procedure Code.

However, if she is claiming a new cause of action, i.e. another incident of domestic violence after the 2008 case, her application would not be hit by res judicata and would be liable to be disposed off on merits.

Hope this answers your question!

Regards

Vanya Agarwal