AI Overview...
- Maintainability of Second Application under Section 125 CrPC
- Several courts have held that a second application for maintenance under Section 125 CrPC is generally maintainable because the duty to provide maintenance is ongoing and not extinguished by previous orders. For instance, the court in Shankh Saxena VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad emphasized that the obligation to maintain is a continuing duty, making subsequent applications permissible despite earlier dismissals.
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Conversely, some judgments, such as Bakulabai VS Gangaram - Crimes, have concluded that second applications are not maintainable if they are considered barred by res judicata or if they relate to the same matter already adjudicated, especially when the previous application was decided on merits. The High Court in Bakulabai VS Gangaram - Crimes held that a second revision application was not maintainable, emphasizing procedural bar.
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Legal Principles and Insights
- The primary basis for allowing second applications is the nature of maintenance as a continuing obligation, which can be revisited if circumstances change or new grounds arise (Shankh Saxena VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad).
- However, procedural bars such as res judicata or bar of second revision applications can restrict maintainability, particularly in appellate courts (Bakulabai VS Gangaram - Crimes, BAKULABAI VS GANGARAM - Supreme Court, Bakulabai VS Gangaram - Supreme Court).
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The courts have also considered whether the second application involves new facts or grounds, which can influence its maintainability (Valsarajan VS Saraswathy - Kerala, HEMALATA SAHOO VS MADAN MOHAN SAHOO - Orissa).
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Summary of View
- The general view is that second applications under Section 125 CrPC are maintainable if they are based on new grounds, changed circumstances, or if the previous order did not finally dispose of the matter.
- Nonetheless, courts have also recognized procedural limitations, especially when second applications are filed merely to re-agitate the same issues, which may be barred by principles like res judicata or specific procedural provisions.
References:
- Valsarajan VS Saraswathy - Kerala, HEMALATA SAHOO VS MADAN MOHAN SAHOO - Orissa, Shaikh Mohamed VS Naseem Begum - Crimes, Shaikh Mohamed VS Naseem Begum - Crimes, SHAIKH MOHAMED s/o SHAIKH VAJIR PATEL VS NASEEMBEGUM w/o SK. MOHAMED - Bombay, Bakulabai VS Gangaram - Crimes, BAKULABAI VS GANGARAM - Supreme Court, Bakulabai VS Gangaram - Supreme Court, Shankh Saxena VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad, RAMESH CHANDRA VS BEENA SAXENA - Allahabad
Search Results for "Whether Second Application under 125 Crpc Maintainable View"
2003 0 Supreme(Ker) 39 • India - Kerala
N.KRISHNAN NAIR
to get maintenance in view of provisions contained in S.125 Cr. ... bound to maintain her as she is unable to maintain herself – Held, Next question for consideration is whether respondent is disentitled ... Criminal Procedure code 1973 – Section 125 – Divorce – Jurisdiction – Acqittal - Their marriage was dissolved ... The petitioner resisted the application contending that since an earlier application filed by the respondent was dismissed, the #HL....
2002 0 Supreme(Ori) 502 • India - Orissa
P.K.TRIPATHY
127 of the Code of Criminal Procedure and whether the compromise takes away the right of the petitioner to claim for enhancement ... Issues: The issues considered by the court were whether the compromise under Section 128 amounts to an order under Section ... Family Courts Act - Maintenance - Section 125, Section 127, Section 128, Code of Criminal Procedure - Summary of Acts and Sections ... In view of that if the application filed by the Petitioner in the Court belo....
• India - Crimes
ANOOP V.MOHTA
second application under Section 125 of the Criminal Procedure Code was maintainable or not before the Family Court. ... The second application under Section 125 of the Criminal Procedure Code as filed by respondent No. 1 - wife has been decided wrongly ... The application under Section 125 of the Criminal Procedure Code is maintainable subject to the mandate of....
• India - Crimes
ANOOP V.MOHTA
second application under Section 125 of the Criminal Procedure Code was maintainable or not before the Family Court. ... The second application under Section 125 of the Criminal Procedure Code as filed by respondent No. 1 - wife has been decided wrongly ... The application under Section 125 of the Criminal Procedure Code is maintainable subject to the mandate of....
2006 0 Supreme(Bom) 1148 • India - Bombay
ANOOP V.MOHTA
Criminal Procedure Code, 1973 - Section 125 Muslim Women Act, 1986, Sections 3, 4 and 5 Grant of maintenance. ... The limited question in this application is whether the second application under section 125 of the Criminal Procedure Code was maintainable or not before the Family Court. ... The application under section 125 of the Criminal Procedure Code is maintainable#....
• India - Crimes
RANGANATH MISRA, LALIT MOHAN SHARMA
A second application before the High Court was, therefore, not maintainable. ... null & void marriage - Whether permissible under Section 125 Cr. ... P.C. - Whether the view of High Court is erroneous? (Yes). ... By the impugned Judgment the High Court rejected the same holding that since it was the second revision application by the wife it was not maintainable, being barred by the provisions of....
1988 0 Supreme(SC) 79 • India - Supreme Court
L.M.SHARMA, RANGANATH MISRA
A second application before the High Court was, therefore, not maintainable. ... P.C. - Whether the view of High Court is erroneous? (Yes). ... 16 (1) - Claim for maintenance of boy born of null & void marriage - Whether permissible under Section 125 Cr. ... By the impugned judgment the High Court rejected the same holding that since it was the second revision application by the wife it was not maintaina....
1988 0 Supreme(SC) 81 • India - Supreme Court
RANGANATH MISRA, L.M.SHARMA
A second application before the High Court was, therefore, not maintainable. ... P.C. - Whether the view of High Court is erroneous? (Yes). ... 16 (1) - Claim for maintenance of boy born of null & void marriage - Whether permissible under Section 125 Cr. ... By the impugned judgment the High Court rejected the same holding that since it was the second revision application by the wife it was not maintaina....
2024 0 Supreme(All) 1378 • India - Allahabad
SAURABH LAVANIA
Issues: The main issue was whether a second application under Section 125 Cr.P.C. was maintainable after the ... res judicata - The court found that the second application was maintainable as the obligation to maintain is a continuing duty. ... Findings of Court: The court held that the second application was maintainable despite ... Upon due consideration of the aforesaid, thi....
1982 0 Supreme(All) 191 • India - Allahabad
P.N.BAKSHI
Whether the application for maintenance under Section 125 Cr. P. C. is maintainable on the date it is filed? 3. ... The application for maintenance under Section 125 Cr. P. C. is maintainable on the date it is filed. ... The Court held that the application was maintainable on the date it was filed, as Smt. ... On the second two points the Magistrate did not give any decision for ....
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