+91 93990-94820 editor.ijlmh@gmail.com

Principle of Res Judicata is Not Applicable on a Subsequent Suit under Section 13 Of Hindu Marriage Act, 1955

Mr. B.T. Venkatesh
Advocate, Karnataka High court
Karnataka, India
Lovish Kumar
Law College Dehradun, Uttaranchal University, Dehradun
Uttrakhand, India

Volume II, Issue I, 2019

As the field of personal Law could be an immense field therefore we actually have restricted the scope of this research paper to the fault ground theory of divorce under Indian personal law. With about 27 million Divorce cases are pending in various courts across the country, Indian judiciary is struggling to clear a Huge backlog and at least over 90 million people are waiting for Justice. Under all the Indian Personal laws, dissolution of marriage relies on guilt or fault theory of divorce. In the whole research paper, we have discussed about pendency of divorce cases, Res Judicata and somewhat about irretrievable breakdown of Marriage. As irretrievable breakdown of marriage also play a significant role in pendency of divorce case due to absence in ground under section 13 of Hindu Marriage Act, 1955. The main thing focused on applicability of Res Judicata, that is matrimonial cases is not applicable to this rule on a subsequent suit. According to judgement given by Justice of Uttarakhand High court, proceedings for judicial separation under section 13 of Hindu Marriage Act, 1955 will not be barred by principle of Res Judicata, due to prior proceedings for restitution of conjugal rights under section 9 of the Act. The research paper analyzes the common aspects between the provisions of the varied personal law statutes.

 

 Download Full Paper