Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court
Live LawApplying the Golden Rule for purposive interpretation of Section 25 of the Hindu Marriage Act, the Jodhpur bench of the Rajasthan High Court ruled that the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as provided in the provision. Referring to the language of Section 25 the high court held that since it used the phrase “or at any time subsequent thereto”, it was not a static provision. Reference was made to the Supreme Court case of Badshah v Urmila Badshah Godse in which it was held: “Of late, in this very direction, it is emphasised that the courts have to adopt different approaches in “social Justice adjudication”…as mere “adversarial approach” may not be very appropriate…social context judging' is essentially the application of equality jurisprudence…where unequal parties are pitted in adversarial proceedings and where courts are called upon to dispense equal justice…In such a situation, the Judge has to be not only sensitive to the inequalities of parties involved but also positively inclined to the weaker party if the imbalance were not to result in miscarriage of justice”. Observing that process becomes an end when procedural law is interpreted rigidly the court said, "Therefore, the argument vis-a-vis the invocation and applicability of the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as the reliefs under Section 25 can be claimed by way of an application at any subsequent stage as well and any court having jurisdiction under the Act can grant the same, thereby entitling the appellant in the present case to seek permanent alimony".
History of this topic
Principle Of Res Judicata Bars Second Reference To Labor Court, After Adjudication: Punjab & Haryana High Court
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Can Alimony Be Granted When Marriage Is Declared Void Under Hindu Marriage Act? Supreme Court To Consider
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Rajasthan HC Asks Family Courts To Avoid Unnecessary Adjournments, Observe S.21B Hindu Marriage Act Which Encourages Day-To-Day Trial
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