AI Overview...
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Second Appeal in Matrimonial Cases - Generally, second appeals are permissible in matrimonial cases but are subject to specific legal constraints, such as res judicata and procedural limitations. Several cases highlight that a second matrimonial case can be barred by res judicata if the earlier case has concluded on merits. For instance, in Dinesh Verma @ Dinesh VS Malti Verma alias Malti Devi - Allahabad, the Family Court dismissed a second matrimonial case on grounds of res judicata, emphasizing that a matter once adjudicated cannot be re-agitated.
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Res Judicata and Law of Finality - Courts have consistently held that if a matter has been finally decided, subsequent proceedings are barred to prevent multiplicity of litigation. The case Dinesh Verma @ Dinesh VS Malti Verma alias Malti Devi - Allahabad underscores this principle, where the second case was dismissed because it was considered res judicata.
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Valid Consent and Legal Proceedings - The validity of consent under Section 13B(2) of the Hindu Marriage Act, 1955, is crucial when considering second motions or compliance in matrimonial disputes (Vinay Kumar Srivastava VS Amita Srivastava - Allahabad). Courts examine whether the consent was valid and subsisting at the time of second proceedings.
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Second Marriage and Legality - The legality of subsequent marriages is scrutinized under the Hindu Marriage Act. In H. S. UMA VS G. K. SUMANTH ARYA - Karnataka, the court held that a second marriage is unlawful if the first marriage is still subsisting and not legally dissolved, especially if the second marriage was performed during the lifetime of the first spouse.
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Settlement and Withdrawal of Appeals - Disputes can also be resolved through settlement agreements, leading to withdrawal or dismissal of appeals, as seen in SHIJI vs REENA Advocate - ANNA THOMAS, ,ANNA THOMAS,MILLU DANDAPANI - Kerala, where the appeal was dismissed due to a settlement agreement between parties.
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Grounds for Divorce and Matrimonial Conduct - Courts analyze conduct, cruelty, and breach of matrimonial duties to decide appeals, as in A. Jayachandra VS Aneel Kaur - Supreme Court, where the High Court dismissed a husband's appeal based on the nature of cruelty and conduct affecting matrimonial relations.
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Jurisdiction and Parties' Authority - Family courts typically do not entertain appeals from parents or third parties regarding matrimonial disputes unless specifically authorized, as discussed in R. P. Mishra VS Runki Devi - Patna, emphasizing that marriage is a personal decision between the spouses.
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Limitations and Procedural Barriers - Limitation periods and procedural lapses, such as delays in filing appeals or ex parte proceedings, can bar second appeals. In Amrita Kumar @ Amrita Devi VS Jyotish Kumar Rajak S/O Dashrath Prasad Rajak - Patna, the court held that the appeal was barred by limitation and procedural irregularities, including ex parte proceedings and delays.
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Confidentiality and Disclosure in Matrimonial Cases - Second appeals may also involve issues of confidentiality, such as the disclosure of personal income tax information, as in Anjulika Arya vs Chief Commissioner of Income Tax (CCA) Lucknow - Central Information Commission, where the appeal was dismissed, but the appellant was allowed to establish marital status.
Analysis and Conclusion: Second appeals in matrimonial cases are permissible but are heavily constrained by principles like res judicata, procedural timelines, and the legality of subsequent marriages. Courts prioritize finality of judgments, proper consent, and lawful conduct. Appeals can be dismissed if they are filed after limitation periods, are ex parte without proper notice, or are based on matters already adjudicated. Settlement agreements can lead to withdrawal of appeals. Overall, each case's merits depend on the specific facts, procedural compliance, and adherence to legal principles governing matrimonial disputes.
References: - Dinesh Verma @ Dinesh VS Malti Verma alias Malti Devi - Allahabad - Vinay Kumar Srivastava VS Amita Srivastava - Allahabad - H. S. UMA VS G. K. SUMANTH ARYA - Karnataka - SHIJI vs REENA Advocate - ANNA THOMAS, ,ANNA THOMAS,MILLU DANDAPANI - Kerala - A. Jayachandra VS Aneel Kaur - Supreme Court - R. P. Mishra VS Runki Devi - Patna - Saravanan vs The Deputy Superintendent of Police, Perambalur Division, Perambalur District - Madras - Anita Koli VS Shyamlal Koli - Rajasthan - Anjulika Arya vs Chief Commissioner of Income Tax (CCA) Lucknow - Central Information Commission - Amrita Kumar @ Amrita Devi VS Jyotish Kumar Rajak S/O Dashrath Prasad Rajak - Patna
Search Results for "Second Appeal in Matrmonial Case"
2024 0 Supreme(All) 1686 • India - Allahabad
OM PRAKASH SHUKLA, RAJAN ROY
of matrimonial case for dissolution of marriage on grounds of res judicata - The Family Court dismissed the second matrimonial case ... (Paras 11, 17) Facts of the case: The appellant filed a second matrimonial case after ... Issues: Whether the second matrimonial case is barred by the principle of res judicata. ... second matrimonial #HL_STAR....
2020 0 Supreme(All) 1396 • India - Allahabad
ANJANI KUMAR MISHRA, PRAKASH PADIA
period as envisaged u/S.13B(2) of the Act - Court and it should be the valid subsisting consent when the parties are heard for second ... When the matter came up for second motion for compliance of Sec.13B(2) of the Act,1955 respondent wife filed application duly supported ... This appears to be the reason in the instant case. ... Instant First Appeal is directed against the Judgment and Decree dated 27.11.2020 passed by the Principal Judge, Family Court, Allahabad in Matrimonial Case ....
1993 0 Supreme(Kar) 91 • India - Karnataka
B.N.KRISHNAN, M.RAMAKRISHNA RAO
Whether the impugned order is not liable to be set aside on account of the alleged subsequent event of the second marriage of the ... The court also held that the subsequent second marriage of the petitioner was not lawful under Section 15 of the Hindu Marriage Act ... The court also clarified that the subsequent second marriage of the petitioner was not lawful under Section 15 of the Hindu Marriage ... When our rinding is that on that day it was not lawful for him to go in for second marriage, the mere fact that the #HL....
2016 Supreme(Online)(KER) 26083 • India - High Court of Kerala
P.N.RAVINDRAN, A. Muhamed Mustaque, JJ
agreement that required the appellant to withdraw his appeal. ... Final Decision: The appeal was dismissed as withdrawn. ... Respondents sought to dismiss the appeal citing a settlement agreement between the parties. ... The second respondent is the appellant's father-in-law. The marriage between the appellant and the first respondent was solemnised on 18.10.1999. Later the parties fell out. ... another case instituted by them as O.S.No.663 of 2013 in the Court of the Munsiff of Nedumangadu and one of....
2005 1 Supreme 626 • India - Supreme Court
RUMA PAL, ARIJIT PASAYAT, C.K.THAKKER
First, the enquiry must begin as to the nature of cruel treatment, second and impact of such treatment in the mind of the spouse, ... It is the conduct in relation to or in respect of matrimonial duties and obligations. ... The ideal couple or a mere ideal one will probably have no occasion to go to Matrimonial Court. ... The appeals are allowed with no order as to costs. ... Appeal allowed. ... By the impugned judgment a Division Bench of the High Court dismissed the husband’s appeal....
2000 0 Supreme(Pat) 1342 • India - Patna
RAVI S.DHAVAN, SHASHANK KR.SINGH
, 1955-Section 12-The matter originally arises out of divorce proceedings between son of present appellants and respondents-The appeal ... has been filed by parents, who cannot be parties to divorce case-Marriage is a personal decision by two people-Even if it is more ... The affidavit was sworn to support an appeal in a matrimonial case, between Bijay Krishna Mishra, and Runki Devi. R.P. Mishra and Kalyani Mishra the first and second appellants are only the father and mother of Bijay ....
2025 Supreme(Online)(Mad) 24569 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
The appeal is granted, and the prior dismissal of bail is set aside. ... This appeal seeks to challenge the dismissal of a bail application under Section 14-A(2) of the SC/ST (POA) Act. ... The appellant, accused of various offences including caste-based abuse, filed the appeal after being denied bail. ... This Criminal Appeal stands allowed. 6. ... Hence, the appellant filed the present appeal seeking bail. 5. ... 3.The appellants is arrayed as first accused in Crime No.2 of 2025 on the file of the....
2015 0 Supreme(Raj) 981 • India - Rajasthan
VINEET KOTHARI
of ex parte decree was neither justified nor proper - Impugned order set aside - Appeal allowed. ... Marriage Act, 1955 - Ex parte decree for divorce passed - Application for setting aside ex parte decree rejected – Hence this appeal ... Civil Procedure Code, 1908 - Order 9, Rule 13 – Matrimonial proceedings for divorce were pending between the parties under Section ... ... Appeal allowed. ... ... The present appeal has been filed by the appellant-wife, Anita, being aggrieved by the ex parte divorce....
2025 Supreme(Online)(CIC) 4146 • India - Central Information Commission
The case involves a Second Appeal under the RTI Act regarding the disclosure of personal income tax information of a third party, ... The appeal for disclosure was dismissed while allowing the appellant to establish marital status for further processing. ... Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal. 5. ... wedded husband and there is a maintenance case/matrimonial case pe....
2016 0 Supreme(Pat) 980 • India - Patna
NAVANITI PRASAD SINGH, NILU AGRAWAL
is barred by limitation as well–the respondent solomnzing second marriage after the period of limitation of filing of apeal–appeal ... even being aware of the matrimonial case filed by the respondent, did not appear–the stay order obtained by her from the High Court ... not communicated to the said Family Court and the matrimonial case proceeded ex-parte–precautions taken by the Court to publish ... The appeal was only filed after t....
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