Second Petition For Divorce On Grounds Like Cruelty, Desertion, Adultery Not Hit By Res-Judicata When Founded On New Facts: Madras High Court
Case Title: S v. V
Citation: 2023 LiveLaw (Mad) 42
The Madras High Court recently said that as far as grounds for dissolution of marriage are concerned, they are of continuing nature.
Justice GK Ilanthiraiyan held that when the cause of action is of continuing and recurring nature, the subsequent petition for divorce will not be hit by res judicata.
The court noted that as long as the cause of action remains different and the relief is founded on new facts, there is no bar on raising the same grounds again
Thank you
Live law
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