Whether Second divorce petition is maintainable after first one was withdrawn?
In the matter of N.R. Narayan Swamy vs.
B. Francis Jagan (referred supra), the Hon'ble
Supreme Court was dealing with eviction matter
under the Karnataka Rent Control Act, where
landlord claimed eviction on the basis of bona
fide requirement. The Hon'ble Supreme Court found
that in the matter of bona fide requirement, there
could be recurring cause of action. In the suit
for eviction on the ground of bona fide
requirement, even though the premises remain the
same, the subjectmatter which is cause of action,
may be different. Case of "Sujit Singh" relied on
by learned counsel for Respondent can be
distinguished as it had different facts and
subsequent matter was based on same cause of
action. In the present matter, although the
foundational facts regarding relationship of the
parties remain the same, the present proceedings
could not be said to be barred as although they
refer initially to earlier incidents, they are
based on events which took place subsequent to the
filing of the earlier proceeding which was sought
to be withdrawn in view of the subsequent
developments. If such view is not taken, it would
mean that once in such matter if the spouse fails
to establish cruelty, subsequently also on the
ground of cruelty, proceeding would not be
entertainable. When the relationship continues
between the couple, there could be recurring
incidents giving rise to fresh causes of actions
and claim for relief which would be subjectmatter
for the subsequent action.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FAMILY COURT APPEAL NO.13 OF 2008
Dr.X Husband
...APPELLANT
(Orig. Petitioner)
VERSUS
Dr.Y Wife
...RESPONDENT
CORAM: R.M. BORDE AND
A.I.S. CHEEMA, JJ.
DATE OF PRONOUNCING JUDGMENT:21st JANUARY, 2016
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