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Pushpa (Smt.) vs. Damodar & Anr.

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Code of Civil Procedure, 1908–Sec. 11–Hindu Marriage Act, 1955–Secs. 13, 13(1-A) & 9–Res-judicata–Applicability of–Earlier petition for divorce was filed on the ground of cruelty, where as the present petition is filed in term of provisions of Sec. 13(1-A) with stating that there has been no restitution of conjugal rights for a period of two years since passing the decree u/s. 9–Cause of actions are different and principle of res-judicata would not be applied.