IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.716 of 2009 SURESH RAM GOSHWAMI, S/o. Vikrama Goshwami, r/o. Vill. Madho Math, P.S. Bathua Bazar, Uchkagaon, Distt. Gopalganj at present r/o. 344/7 N.L.C. Kidwai Nagar, Kanpur. Versus SMT. SUREMANA DEVI, W/o. Suresh Ram Goshwami, r/o. Vill. Madho Math, P.S. Bathua Bazar Uchkagaon, District- Gopalganj. ----------- 04. 06.04.2010 Heard learned counsel for the parties and perused the reports submitted by the learned Mediator. Since the efforts of mediation have failed, the parties have been heard on merits. Learned counsel for the husband submits that the learned Principal Judge, Family Court, Gopalganj has dismissed Matrimonial Suit No. 40 of 2007 filed by the appellant seeking divorce on the ground of cruelty and desertion not on merits but on the technical preliminary objection that suit is barred by limitation and res judicata. On hearing the arguments of both the sides it transpires that the main issue is whether a suit for divorce filed under Section 13 of the Hindu Marriage Act can be held to be barred by limitation because marriage was solemnized long back in the year 1962 and whether res judicata will be applicable because an earlier suit for divorce preferred by the appellant was dismissed in the 2 year 1985. Considering the materials on record and the provisions of law, this Court is of the view that the valid cause of action for seeking divorce may arise even after an earlier suit has ended in dismissal. The cause of action for divorce may arise at any stage of the conjugal life and period of limitation will be an issue of fact as well as law on which a suit should not be dismissed on preliminary objection. In the facts of the case, without going into the merits of the case of either of the parties, we find that the impugned order under appeal is not in accordance with law and hence it is set aside and the matter is remitted back to the learned Principal Judge, Family Court, Gopalganj for deciding the matrimonial suit afresh in accordance with law after making fresh efforts for reconciliation. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)