VADUGURI VENKATA UPENDRA RAO Vs. VADUGURI DHANALAKSHMI

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution of India is filed challenging the order passed by the Senior Civil Judge, Chirala in I.A.No.1192 of 2023 in H.M.O.P No.120 of 2022 dtd. 7/4/2025.

(2.) The brief facts of the case are that, I.A.No.1192 of 2025 was filed before the Court below under Sec. 23 of the Hindu Marriage Act and Order VII Rule 11 C.P.C., praying for rejection of H.M.O.P No.120 of 2022 as not maintainable, in view of the operation of principle of res judicata.

(3.) The contention of the learned counsel for the petitioner/husband is that, earlier, he got filed O.P.No.43 of 2004 for dissolution of marriage on the ground of cruelty and desertion. Prior to that, the respondent got registered a report against the petitioner and his mother before the III Town Police Station, Tenali. Subsequently, C.C.No.462 of 2004 and HMOP No.43 of 2004 were ended in compromise with the presence of elders and finally by way of settlement before the Lok Adalat, Tenali. The respondent also agreed and received an amount of Rs.1,40,000.00 by way of cheque towards full and final settlement in lieu of maintenance of the respondent. Once the marriage between the petitioner and respondent was dissolved on 31/12/2005 by way of "Decree of divorce" through Lok Adalat Award, thereafter there was no relationship of wife and husband in existence between both parties herein. The respondent also claimed the family pension from the Railway Authorities as a divorcee daughter and also as a legal heir of her deceased father, who worked in Railway Department, based on the Lok Adalat Award, as such, this O.P is not maintainable and same is liable to be rejected under Principle of Doctrine of Res Judicata.