Whether the principle of ‘Res Judicata’ applies to matrimonial proceedings?

Whether the principle of ‘Res Judicata’ applies to matrimonial proceedings?

The principles of res judicata is applicable to matrimonial proceedings also. When the former suit for divorce on the ground of desertion and cruelty failed, the subsequent suit on the same grounds is bared by principle of res judicata. But, if any new cause of action has been arisen after previous decision then principle of ‘Res Judicata’ may not apply.

“G. Vijay Laxmi Vs. G. Ramchandra” [reported in AIR -1981 -SC- 1143]

Leave a Reply

Your email address will not be published. Required fields are marked *

Law Faculty
error: Content is protected !!