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DELHI HIGH COURT
SWARANA KANTA SHARMA
Sunita – Appellant
Versus
Vijay Pal @ Mohd. Sabir – Respondent
Key Points: - The petition under Section 125 Cr.P.C. cannot be entertained after a prior adjudication on merits; changes in circumstances must be addressed via Section 127 Cr.P.C. (!) (!) (!) - Section 127 Cr.P.C. provides for alteration in maintenance upon proof of a change in circumstances following an adjudicated Section 125 order (!) (!) (!) - Proper course is to file a petition under Section 127 Cr.P.C. for alteration, not a fresh Section 125 Cr.P.C. petition, after an earlier Section 125 order has been granted (!) (!) (!) - The High Court affirmed that the second Section 125 petition is barred by res judicata where the prior Section 125 petition was decided on merits; remedy lies in Section 127 Cr.P.C. (!) (!) (!) - The decision dismissed the revision petition, upholding res judicata and directing use of Section 127 Cr.P.C. for changes in circumstances (!)
JUDGMENT
Swarana Kanta Sharma, J. The present Revision Petition has been filed, challenging the impugned order dated 22.09.2017 passed by learned Principal Judge, Family Court in MT-22/2015 and praying to set aside the same, whereby maintenance application filed by the Petitioner was dismissed on the ground of res judicata.
2. The brief facts of the case are that the marriage between petitioner no.1 and respondent no.1 was solemnized in the year 1990 and the parties last resided together up to January 1996. Two children were born from the wedlock; a son who has attained majority and a minor daughter. Since the time of separation, the parties have been involved in multiple litigations. Out of which one such case was filed under Section 125 Cr.P.C. in MT-22/2015. The Petition by means of the second petition under Section 125 Cr.P.C. prayed to direct the Respondent to pay a sum of Rs.20,000/-per month in favour of Petitioner no. 1 and also to pay a sum of Rs.10,000/- per month in favour of the Petitioner no. 2. Further by means of the Petition the Petitioners prayed for the Court to award Rs.55,000/- towards litigation expenses in favour of the Petitioners. However, the said case wa
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