Second Divorce Petition May Be Filed on New Grounds
- If first petition for divorce filed on the ground of adultery, desertion, physical/mental cruelty is dismissed, then a second/fresh petition for divorce may be filed on the same grounds with new facts. As observed by the Hon’ble Kerala High Court.
- The maxim/bar of Res Judicata does not apply to the second divorce petition filed on the basis of new facts. A new cause of action accompanied by same grounds does not bar a divorce petition on the ground of res judicata.
- The Hon’ble Kerala High Court observed that second divorce petition under section 13 (i) (a) filed on new facts is not barred under Order II, Rule 2 of the Civil Procedure Code, 1908. The Hon’ble Court observed that every new ground is an independent cause of action for filing divorce petition.
- If there are new incidents of adultery, cruelty, or desertion, then they give rise to a new cause of action and the freshly filed petition will be beyond the scope of res judicata.
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