SHANTHAKUMARI Vs. VENKATASUBRAMANI

JUDGEMENT

(1.) This Civil Revision Petition has been filed as against the fair and decreetal order dtd. 28/8/2019, passed by the learned Subordinate Judge, Udumalpet, in I.A.No.10 of 2019 in H.M.O.P.No.22 of 2018, thereby dismissing the petition filed for rejection of divorce petition on the ground of res-judicata.

(2.) The petitioner is the wife and the respondent is the husband. Originally, the respondent filed petition for divorce in H.M.O.P.No.875 of 2005 on the ground of cruelty as against the petitioner herein. At the same time, the petitioner also filed petition in H.M.O.P.No.77 of 2005 for restitution of conjugal rights. The Family Court allowed the petition for restitution petition and dismissed the divorce petition. Aggrieved by the same, the respondent preferred an appeal in C.M.A.Nos.46 and 45 of 2007 on the file of the Fast Track Court, Salem. The Appellate Court allowed both the appeals and granted divorce and also dismissed the restitution of conjugal rights petition. Aggrieved by the same, the petitioner herein filed Civil Miscellaneous Second Appeal before this Court in C.M.S.A.Nos.38 and 39 of 2008 respectively, and this Court reversed the findings of the first appellate Court and dismissed the divorce petition and allowed the restitution of conjugal rights petition.

(3.) Thereafter, on fresh cause of action and on different set of grounds viz., desertion and continuous cruelty with regard to subsequent events, the respondent filed another petition for divorce in H.M.O.P.No.22 of 2018. While pending the divorce petition, the petitioner filed the petition under Sec. 11 of C.P.C., to dismiss the petition on the ground of res-judicata. The Court below dismissed the said petition and as against which, the petitioner filed this present Civil Revision Petition.