K SRI REKHA Vs. K VIJAY KRISHNA

JUDGEMENT

(1.) This Civil Revision Petition is a vexatious piece of litigation indulged in by the petitioner, who seems to think that she can approach this Court again and again by raising the same issue, which was raised in the previous rounds of litigation, wherein she has conclusively lost.

(2.) The petitioner is the wife of the respondent, who filed OP. No. 312 of 2009 before the Judge, Family Court, Secunderabad, for declaration that the marriage between him and the petitioner is a nullity. Pending the said OP, the petitioner filed IA. No. 296 of 2010 for dismissing the OP on the ground that the respondent failed to satisfy the ingredients of Section 12 (1) (c) of the Hindu Marriage Act, 1955 (for short 'the Act'). By detailed Order, dated 30th July, 2010, the lower Court dismissed the said application. Challenging the said order, the petitioner filed CRP. No. 4303 of 2010, which was dismissed as withdrawn by Order, dated 24-09-2010. The petitioner again took her chance by filing W. P. No. 35609 of 2011 for a direction to call for the records in OP. No. 312 of 2009 and to declare the same as contrary to law and violative of the Marriage laws (Amendment) Act, 1999 read with other provisions of the Hindu Marriage Act, 1955, which deleted the ailment of epilepsy as a ground for granting divorce. A Division Bench of this Court dismissed the said Writ Petition by holding that a Writ Petition under Article 226 of the Constitution of India is not maintainable against the order passed by a Judicial forum and that, on the petitioner's own showing, she has other remedies available for getting Order, dated 30-07-2010, set aside. Undeterred by the said order, the petitioner filed the present Civil Revision Petition.

(3.) At the hearing, the learned Counsel for the petitioner stated that since CRP. No. 4303 of 2010 was not dismissed on merits, the order in IA. No. 296 of 2010 does not operate as res judicata. I am afraid I cannot accept this submission.