Applicability Of Res Judicata | Vkeel - Free Legal Advice

K K

Pune

Engineer wife deserted in the year 2007 with 3 yr old son. She filed a DV case for maint. in the year 2008. After completion of her cross, it was clear to the trial court that DV is not established. At this point, she and her lawyer were continuously absent for the proceedings and the case was dismissed in the year 2016. 1 year after her DV case dismissal she filed appeal for reinstating her dismissed DV case in district court and on non-compliance of a district court order to satisfy it on a certain point this appeal was also dismissed after 1 year as she and her lawyer remained absent for proceedings. Immediately after the dismissal of her appeal, she filed another DV case in 2018 in a different district court in the same district. Since we do not have any domestic relationship since the year 2007 and her one DV case and appeal against me is already dismissed, is res judicata not applicable since the court has awarded interim maint. In the latest DV case. Should I appeal against the interim order for maint? Pl guide.

Expert's Answers(3)

Shadab Mohiuddin
New Delhi, Delhi

2 Client Ratings

Dear Client, I will help you to resolve your issue. You can consult me through this platform for legal advisory. Regards

December 11, 2020
xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, Yes, it is commonsense that second case cannot be filed if earlier DV case was disposed on merits case. You may approach higher Court for staying the same. Please give me rank after viewing my details. Please call me for further assistance.

November 18, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Since res judicata is not a term used in Criminal Proceedings but You have a case as no court will entertain the case on same facts twice and no one can be published twice for the same cause. You should appear whenever called with the certified copies of the previous Proceedings praying for dismissal of the Complaint and yes the point of Jurisdiction has also got to be taken for dismissal of case. You have a good case and you will succeed definitely. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

November 18, 2020