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RES-JUDICATA

8th February, 2023

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  • Recently, the Madras High Court dismissed a civil revision petition filed by a woman petitioner against a lower court order that allowed a second divorce petition filed by her husband.
    • The lower court had dismissed the woman’s petition filed for rejection of her husband’s second divorce petition on the ground of res-judicata.
  • Res judicata (RJ) is the term used for "a matter decided" and a case in which there has been a final judgment that is no longer subject to appeal.
  • In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter.
    • It does not restrict the appeals process.
  • The doctrine of res judicata is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources.
  • Res judicata does not merely prevent future judgments from contradicting earlier ones but also prevents litigants from multiplying judgments, and confusion.

 

https://www.news18.com/news/india/no-bar-of-res-judicata-on-second-petition-for-divorce-if-it-is-founded-on-new-facts-madras-hc-7013491.html