Brother's wife filed cruelty to cover up her adultery. When he decided to contest it, she filed a false 498a against entire extended family with tons of false allegations later. Since these allegations were not there in orignal cruelty petition, she withdrew unconditionally ("absolute withdrawal" as not pressed; no liberty to refile) before it was even served and then refiled a copy of the 498a FIR as her new cruelty case.
Can we argue for a dismissal of the new cruelty right away? There are several new allegations added to match her false 498a story but all are before date of withdrawal. Lawyer says res judicata etc does not apply to matrimonial cases and we have to contest it as it won't be dismissed. Is this true?
