Fresh Matrimonial Petition Maintainable on New Grounds: Kerala High Court

The Kerala High Court ruled that subsequent matrimonial petitions are not barred if they arise from a fresh cause of action.

The Court distinguished the second petition, which cited new incidents of cruelty and factual grounds after an earlier petition’s dismissal post-temporary reconciliation.

The court held that non-prosecution or dismissal of an earlier petition does not bar later litigation on fresh grounds under Order IX Rule 9 and Order II Rule 2 CPC.

The Court reaffirmed the wife’s right to recover misappropriated gold and monetary assets, emphasising that the matrimonial property trust continues post-divorce under Section 77 of the Indian Trusts Act.