Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC [Read Judgment]

Ashok Kini

17 March 2019 9:03 PM IST

  • Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC [Read Judgment]

    "When cause of action is of continuing and recurring nature, the subsequent litigation for divorce brought on same grounds disregarding the dismissal of former O.P. will not be barred by res judicata."

    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, the Kerala High Court has held. The bench comprising Justice CK Abdul Rehim and Justice TV Anilkumar set aside a family court...

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