Back
OM PRAKASH SHUKLA, RAJAN ROY
Dinesh Verma @ Dinesh – Appellant
Versus
Malti Verma alias Malti Devi – Respondent
JUDGMENT :
(Per : Om Prakash Shukla, J.)
(1) Heard Shri Mohd. Yasin, learned Counsel representing the appellant-husband and Shri Rakesh Kumar, learned Counsel representing the respondent-wife.
(2) This appeal under Section 19 (1) of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 has been filed by the appellant against the judgment and decree dated 07.04.2023 passed by the Principal Judge, Family Court, Ambedkar Nagar in Matrimonial Case No. 287 of 2021 : Dinesh Vs. Malti Devi, whereby the learned Family Court has dismissed the matrimonial case filed by the appellant for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 on the ground of being barred by the principle of res judicata.
(3) The factual matrix of the case, along with the record of multiple legal proceedings between the parties, is summarised as under :-
A) The appellant is the husband and the respondent is the wife. Their marriage was solemnized on 07.06.1993 in accordance with Hindu Rites and Customs. But it appears that there were problems from the very inception for which appellant blames not only the respondent but her family members too.
B) It is on 26.04.2005 that t
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 principle of res judicata applies to matrimonial disputes, preventing re-litigation of previously dismissed claims of cruelty and desertion.
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....
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.
Cruelty is a sufficient ground for divorce under the Hindu Marriage Act, and a finding of cruelty necessitates the granting of a divorce, independent of other grounds such as desertion.
The court held that the divorce petition lacked sufficient evidence of mental cruelty and desertion, and that the litigation initiated by the wife for the protection of her rights could not be consid....
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....
Long separation and absence of cohabitation can constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting a decree of divorce.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
