Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC [Read Judgment]
Live LawA spouse who suffered dismissal of original petition for dissolution of marriage on the ground of cruelty, desertion and adultery is not precluded from suing again for dissolution on the same grounds, provided the relief is founded on new facts, the Kerala High Court has held. The bench comprising Justice CK Abdul Rehim and Justice TV Anilkumar set aside a family court order which dismissed a man's divorce petition on the ground of bar of res judicata. The bench then said that, even if same grounds are taken in the subsequent proceeding for divorce, no bar of res judicata could apply as long as the cause of action for the subsequent proceeding remains to be different. A spouse who suffered dismissal of original petition for dissolution of marriage on the ground of cruelty, desertion and adultery is not precluded from suing again for dissolution on the same grounds, provided the relief is founded on new facts.