Case Note & Summary
The petitioner, Sri Vijay N., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 29.10.2013 passed by the 1st Additional Family Court, Bangalore in M.C.No.811/2008. The Family Court allowed I.A.No.8 filed by the respondent, Mrs. Kavitha Kanaparthi, under Section 11 read with Section 151 of the Code of Civil Procedure, 1908, striking down the defence raised in paragraphs 2 to 6 of the petitioner's statement of objections on the ground of res judicata. The respondent had filed the divorce petition on 18.03.2008 under Section 13(1)(i)(ia) and (ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage solemnized on 18.11.2002 and registered on 20.11.2002. The petitioner filed his statement of objections on 19.11.2011. The respondent filed an affidavit in lieu of evidence and was partly cross-examined on 19.06.2013. On 02.09.2013, the respondent filed I.A.No.8 to strike down the defence in paragraphs 2 to 6 of the objections, which was allowed on 29.10.2013. The petitioner had earlier filed O.S.No.105/2007 against the respondent in the Family Court, seeking a declaration that the Certificate of Registration of Marriage was null and void. That suit was decreed on 26.02.2008, declaring the certificate as null and void. The respondent challenged that decree in M.F.A.No.2423/2008, which was dismissed on 11.09.2009, and the SLP filed against that order was also dismissed on 22.03.2010. The High Court held that the issues raised in paragraphs 2 to 6 of the objections were directly and substantially in issue in the earlier suit and had been decided, thus barred by res judicata. The writ petition was dismissed as devoid of merit.
Headnote
A) Civil Procedure - Res Judicata - Section 11 CPC - Applicability - The court held that the defence raised in paragraphs 2 to 6 of the statement of objections in the divorce petition was barred by res judicata as the same issues had been decided in the earlier suit O.S.No.105/2007, which was decreed on 26.02.2008 declaring the Certificate of Registration of Marriage as null and void. (Paras 1-4)
B) Family Law - Divorce - Hindu Marriage Act, 1955 - Section 13(1)(i)(ia) and (ib) - The respondent filed M.C.No.811/2008 seeking divorce on grounds of cruelty and desertion. The petitioner's defence challenging the validity of the marriage was struck down as res judicata. (Paras 2-4)
Issue of Consideration
Whether the defence raised by the petitioner in the divorce petition is barred by principles of res judicata in view of the decree passed in O.S.No.105/2007.
Final Decision
The writ petition was dismissed. The order of the Family Court dated 29.10.2013 allowing I.A.No.8 and striking down the defence in paragraphs 2 to 6 of the statement of objections was upheld.
Law Points
- Res judicata
- Section 11 CPC
- Section 151 CPC
- Hindu Marriage Act 1955 Section 13(1)(i)(ia) and (ib)
- Articles 226 and 227 Constitution of India
Case Details
2014 LawText (KAR) (09) 15
Writ Petition No.58749/2013 (GM-FC)
Sri M.I. Arun for petitioner, Sri Chandan for M/s. Agnus Law for respondent
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Family Court allowing an application under Section 11 read with Section 151 CPC to strike down defence on grounds of res judicata.
Remedy Sought
Petitioner sought to set aside the order dated 29.10.2013 passed by the 1st Additional Family Court, Bangalore in M.C.No.811/2008 allowing I.A.No.8.
Filing Reason
Petitioner was aggrieved by the Family Court order striking down his defence in the divorce petition as barred by res judicata.
Previous Decisions
O.S.No.105/2007 was decreed on 26.02.2008 declaring the Certificate of Registration of Marriage as null and void. M.F.A.No.2423/2008 filed by the respondent was dismissed on 11.09.2009. SLP filed against that order was dismissed on 22.03.2010.
Issues
Whether the defence raised in paragraphs 2 to 6 of the statement of objections in the divorce petition is barred by principles of res judicata in view of the decree in O.S.No.105/2007.
Submissions/Arguments
Petitioner argued that the Family Court erred in striking down the defence as res judicata.
Respondent contended that the issues raised in the defence were directly and substantially in issue in the earlier suit and had been decided.
Ratio Decidendi
The defence raised in the divorce petition was barred by res judicata as the issues raised in paragraphs 2 to 6 of the statement of objections were directly and substantially in issue in the earlier suit O.S.No.105/2007, which was decreed on 26.02.2008 declaring the Certificate of Registration of Marriage as null and void, and the said decree was confirmed in appeal and SLP.
Judgment Excerpts
Petitioner is aggrieved by an order of Family Court, Bangalore, whereby, I.A.No.8 was allowed and the defence raised in paragraph Nos.2 to 6 of the statement of objections was held as barred by principles of res judicata and was struck down.
The suit was decreed on 26.02.2008, by declaring the Certificate of Registration of Marriage as null and void.
The issues raised in paragraphs 2 to 6 of the statement of objections filed in the divorce petition were directly and substantially in issue in the earlier suit and were decided. Hence, the defence raised in the said paragraphs is barred by principles of res judicata.
Procedural History
The respondent filed M.C.No.811/2008 on 18.03.2008 under Section 13(1)(i)(ia) and (ib) of the Hindu Marriage Act, 1955 for divorce. The petitioner filed statement of objections on 19.11.2011. On 02.09.2013, the respondent filed I.A.No.8 under Section 11 read with Section 151 CPC to strike down the defence in paragraphs 2 to 6 of the objections. The Family Court allowed I.A.No.8 on 29.10.2013. The petitioner filed the present writ petition on 20.12.2013 challenging that order. Earlier, the petitioner had filed O.S.No.105/2007 which was decreed on 26.02.2008. The respondent's appeal M.F.A.No.2423/2008 was dismissed on 11.09.2009, and SLP was dismissed on 22.03.2010.
Acts & Sections
- Code of Civil Procedure, 1908: Section 11, Section 151
- Hindu Marriage Act, 1955: Section 13(1)(i)(ia), Section 13(1)(ib)
- Constitution of India: Article 226, Article 227
