Earlier husband filed divorce petition on cruelty ground by mentioning allegations. Then, the divorce petition was converted to mutual consent divorce petition by the consent of both the parties. Then, wife was withdrawn her consent for mutual consent divorce and at the result, the mcd petition was disposed by Court . Now, again husband has filed a fresh divorce petition in family court on cruelty ground mentioning same old allegations and add the new allegation that the withdrawal of consent of wife in mcd is treated him cruelty.
Que 1:Is this case of Res Judicata? Can Wife apply under section 11 of CPC to dismiss the second petition of divorce?
Que 2: In the fresh divorce petition, can he plead on the old same allegations which he mentioned in the earlier old divorce petition ?
