Maintenance Petition U/S 125 CrPC Covered By Res Judicata; Party Claiming Change In Circumstance Can’t File Fresh Plea But Move U/S 127 CrPC
Case: Sunita & Anr. V. Vijay Pal @ Mohd. Sabir & Anr.
Coram: Justice Swarana Kanta Sharma
Case No.: CRL.REV.P. 161/2018
Court Observation: “This Court notes that a petition under Section 125 Cr.P.C. will be covered by the principle of res judicata due to its universal applicability, as proceedings under Section 125 Cr.P.C. are Quasi- Criminal in nature. Once the petition has been adjudicated under Section 125 Cr.P.C. favourably by a Court of competent jurisdiction on merits, a subsequent petition cannot be preferred which arises from the same dispute having similar situations, circumstances and grounds as the previously adjudicated issues in the earlier petition filed under Section 125 Cr.P.C.”
“The most important precondition for Section 125 Cr.P.C. to become operative is the condition that the wife is unable to maintain herself and that the husband has neglected or refused to maintain his wife,”
“Section 127 Cr.P.C. is not a stand-alone provision as the same requires a decision granting maintenance under Section 125 Cr.P.C. The term “change in circumstances” as referred to in Section 127(1) not only includes a change in the financial circumstances of the husband or wife but may also include other circumstantial changes in the husband’s or wife’s life which have arisen since the maintenance was first awarded”]
“The court must be satisfied that there has been a change in the circumstances of either the husband or of the wife, based upon which the fate of a petition under Section 127 Cr.P.C. shall be determined,”
Previous Posts
Preliminary Issues Are Determined Purely On Point Of Law In Isolation To Facts: Tripura High Court
Keywords
Maintenance Petition
