2007 (2) AIR Bom R 711 ::2007 A I H C 1681

Bombay High Court

Hon'ble Judge(s): N. V. Dabholkar, P. R. Borkar , JJ

( A ) Hindu Marriage Act (25 of 1955) S. 25 — Maintenance — Claim for — Marriage between parties was null and void — Wife not entitled to maintenance under S. 25. (Paras7)

( B ) Civil Procedure Code (5 of 1908) S. 11 — Res judicata — Finality of judgment — Reference of question of law by Division Bench to Full Bench — Full Bench answering reference and dismissal of Special Leave Petition against the same by Supreme Court — Same Division Bench thereafter deciding appeal as a further stage in same proceedings — Parties cannot re-agitate same question of law decided by Full Bench merely because in subsequent Ruling of Supreme Court a different view was taken — Remedy open to aggrieved party is to approach Supreme Court by filing curative application.The principle on which doctrine of res judicata is based is need of giving finality to the judicial decisions. The Supreme Court has also considered that principle of res judicata applies also as between two stages in the same litigation. In the present matter at one stage vital question of law affecting the result of the case was referred by the Division Bench to the Full Bench. The Full Bench answered the reference and the Special Leave petition against the same was dismissed, thus confirming the answer by the Full Bench. Now the same Division Bench is deciding the appeal as a further stage of same proceedings. So, under the circumstances, the parties cannot be allowed to re-agitate same matter merely because in the subsequent Ruling of Supreme Court another view is taken. The remedy open to the aggrieved party was in approaching the Supreme Court by....