The principle called Res Judicata means that parties are not allowed to agitate same issue again once it has been decided finally by court.
In 498A, situation is little different. Each event of cruelty gives rise to a fresh case of 498A.
There are cases were wife had filed several cases of 498A. The court directed that all cases be tried together.
Suppose in some case, compromise is recorded in court, allegation of 498A are dropped wife. But even then, if wife alleges new incidents of cruelty, fresh case of 498A lies. But this new case cannot reopen old incidents. Only new events of cruelty will be tried in this new case.
Then what is the value of compromise? What is the value of the fact that previously also wife had filed and dropped such cases?
These facts are relevant for considering conduct of wife. If the wife is in habit of filing and dropping such cases, it dents her creditability and the judge may refuse to believe her.
Haresh Raichura (c)
25/7/15
