Case Note & Summary
The petitioner, Shraddha Hitesh Raikar, wife of the respondent Hitesh Dattaram Raikar, filed a writ petition challenging the order dated 06.11.2023 passed by the Family Court No.3 at Bandra, Mumbai, in Petition No. A-2646 of 2019. The Family Court had rejected her application (Exhibit 10) objecting to the maintainability of the second divorce petition filed by her husband. The brief facts are that the husband had filed a first divorce petition (Petition No. A-2646 of 2019) which was pending. During its pendency, he filed a second divorce petition on the same grounds. The wife objected, arguing that the second petition was not maintainable due to res judicata and abuse of process. The Family Court rejected her objection. The High Court, in its judgment, held that the second petition was indeed not maintainable as it would lead to multiplicity of proceedings and harassment. The court set aside the Family Court's order and directed that the second petition be dismissed or kept in abeyance until the disposal of the first petition. The court emphasized that the principle of res judicata applies to matrimonial proceedings and that allowing a second petition would be an abuse of process.
Headnote
A) Civil Procedure - Res Judicata - Maintainability of Subsequent Suit - Section 11, Code of Civil Procedure, 1908 - The court held that a second petition for divorce filed by the husband during the pendency of an earlier divorce petition is not maintainable as it amounts to res judicata and abuse of process of court. The Family Court's order rejecting the wife's objection was set aside. (Paras 1-10) B) Family Law - Divorce - Abuse of Process - The court observed that allowing a second divorce petition while the first is pending would lead to multiplicity of proceedings and harassment of the spouse. The principle of res judicata applies even to matrimonial proceedings. (Paras 5-10)
Issue of Consideration
Whether a second petition for divorce filed by the husband during the pendency of an earlier divorce petition is maintainable, and whether the Family Court erred in rejecting the wife's objection to its maintainability.
Final Decision
The High Court allowed the writ petition, set aside the order dated 06.11.2023 passed by the Family Court, and directed that the second divorce petition (Petition No. A-2646 of 2019) be dismissed or kept in abeyance until the disposal of the first petition.
Law Points
- Res judicata
- abuse of process of court
- maintainability of subsequent divorce petition
- Section 11 CPC
- Section 10 CPC
- Section 151 CPC
