RES-JUDICATA
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About:
- Recently, the Madras High Court dismissed a civil revision petition filed by a woman petitioner against a lower court order that allowed a second divorce petition filed by her husband.
- The lower court had dismissed the woman’s petition filed for rejection of her husband’s second divorce petition on the ground of res-judicata.
- Res judicata (RJ) is the term used for "a matter decided" and a case in which there has been a final judgment that is no longer subject to appeal.
- In the case of res judicata, the matter cannot be raised again, either in the same court or in a different court. A court will use res judicata to deny reconsideration of a matter.
- It does not restrict the appeals process.
- The doctrine of res judicata is a method of preventing injustice to the parties of a case supposedly finished but perhaps also or mostly a way of avoiding unnecessary waste of judicial resources.
- Res judicata does not merely prevent future judgments from contradicting earlier ones but also prevents litigants from multiplying judgments, and confusion.
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