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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANJUSHA DESHPANDE
Shraddha Hitesh Raikar – Appellant
Versus
Hitesh Dattaram Raikar – Respondent
Please provide the legal document content within
| Table of Content |
|---|
| 1. background of marriage and prior litigation (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's argument against second divorce petition (Para 6 , 7) |
| 3. legal reasoning based on res judicata and statutory provisions (Para 8 , 15) |
| 4. respondent's defense against res judicata (Para 9 , 10 , 11) |
| 5. court's narrow issue analysis and observations (Para 12 , 13 , 14) |
| 6. dismissal of writ petition (Para 17) |
JUDGMENT :
Manjusha Deshpande, J.
1. The Petitioner is taking exception to the order dated 06.11.2023, passed below Exhibit 10, in Petition No. A-2646 of 2019, passed by the Family Court No.3 at Bandra Mumbai, thereby rejecting the Application filed by the Petitioner taking objection to the maintainability of the second Petition for Divorce filed by the Respondent-Husband.
2. The brief facts of the case are that, the Petitioner and the Respondent got married on 16.12.2011. The Respondent-Husband filed Divorce Petition No. A-842 of 2014. The Petitioner-Wife also filed Petition for restitution of conjugal right, viz., Petition No A- 1018 of 2014. A common judgment and decree came to be passed in both the Petitions on 28.07.2017, dismissing the Petition for Divorce filed by the husband and
A Divorce Petition can be maintainable under Section 13(1A)(ii) of the Hindu Marriage Act even after a prior dismissal if new grounds exist due to non-resumption of cohabitation.
The principle of res judicata does not apply when a subsequent matrimonial case is based on a new cause of action, allowing for the appeal to be upheld.
The main legal point established in the judgment is the requirement to establish a fresh cause of action for seeking divorce, the continuous nature of desertion, and the interconnection between the i....
The court emphasized the necessity of mutual consent and the consideration of subsequent developments in divorce proceedings under the Hindu Marriage Act.
Willful non-compliance of the decree for restitution of conjugal rights constitutes 'wrong' under Section 23(1)(a) of the Hindu Marriage Act, and does not lead to automatic dissolution of marriage un....
The principle of res judicata applies to matrimonial disputes, preventing re-litigation of previously dismissed claims of cruelty and desertion.
The withdrawal of a petition on the ground of cruelty constitutes condonation, and the institution of a new petition on the same cause of action is barred under Order XXIII Rule 1(4) CPC and the prin....
The court affirmed divorce on grounds of desertion, while addressing the procedural necessities for the award of permanent alimony, concluding that conduct does not entirely negate entitlement.
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