PARKASH CHAND GUPTA Vs. KAMLA GUPTA

JUDGEMENT

(1.) These are two cross revisions before the Court directed against the same order which was passed during the hearing of a petition under S. 13 of the Hindu Marriage Act, 1955, instituted by Shri Parkash Chand Gupta against his wife Shrimati Kamla Gupta praying for divorce under S. 13 of the said Act.

(2.) This is not the first case between the parties; in fact it is the third case, and hence an issue was raised to the effect that the petition was barred on principles of res judicata which was tried as a preliminary issue. The petition being based on the grounds of cruelty and desertion was held by Shri G.R. Luthra, Additional District judge. Delhi to be barred by res judicata but not so barred on the ground of cruelty. This has led to both the parties coming before this Court for revision of the order. It is the case of the husband (Petitioner in the court below and petitioner in C.R.No.533 of 1977) that neither of the grounds is barred by res judicata and it is the case of the wife (respondent in the case below and petitioner in C.R.No.718 of 1977) that both the grounds are barred by res judicata.

(3.) As it is necessary to give the facts in order to decide this claim, it is first necessary to refer to the previous proceedings. In the year 1965, the husband filed a petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955, on the ground of cruelty, but the same was dismissed by Shri S.C. Jain, Subordinate judge, Delhi, on 25th March, 1968. The judgment became final. That was the first of the three proceedings.