AI Overview...
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Maintainability of Second Application under Section 125 Cr.P.C. - Several cases establish that second applications for maintenance under Section 125 Cr.P.C. are generally maintainable, especially when the earlier application was dismissed on technical grounds such as want of prosecution, without a final decision on merits. The key factor is that the right to claim maintenance is a recurring cause of action, permitting subsequent applications Shankh Saxena VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad, Manish Tandon VS Ankita Bhutani - Punjab and Haryana.
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Res Judicata and Finality of Earlier Orders - Courts have clarified that if the first application was dismissed for want of prosecution or procedural issues, it does not bar the filing of a second application on the same grounds. Res judicata does not apply to these circumstances, emphasizing the importance of the nature of the dismissal rather than finality on merits Shankh Saxena VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad, Janabai VS Krishna Ravba Rithe and another - Bombay.
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Bar under Section 397(3) of Cr.P.C. - The provision bars second revision applications by the same party. Therefore, if a second revision is filed after the first has been dismissed, it is generally held to be not maintainable, as seen in cases where the High Court rejected second revision petitions on this ground Dhanwanti Devi VS Singhasan Singh - Allahabad, Dhanwanti Devi VS Singhasan Singh - Allahabad, Bakulabai VS Gangaram - Madhya Pradesh.
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Specific Cases of Maintenance Applications - Courts have upheld the maintainability of second applications when the initial was dismissed for procedural reasons, but have rejected second revisions or applications when barred by statutory provisions like Section 397(3) Bhanu VS Smt. Dhapa - Rajasthan, Mukunda Ramaji Dunedar VS Sitabai Mukunda Dunedar - Bombay, Vithalrao Marotrao Awadhut VS Ratnaprabha Awadhut & others - Bombay.
Analysis and Conclusion:
A second application under Section 125 Cr.P.C. for maintenance is maintainable if the first was dismissed on procedural grounds such as want of prosecution, rather than on merits. However, second revision petitions are barred by Section 397(3) of the Cr.P.C., which prevents the same party from filing multiple revisions. The core principle is that the right to claim maintenance is a recurring cause of action, allowing subsequent applications unless explicitly barred by law.
References:
- Shankh Saxena VS State Of U. P. Thru. Prin. Secy. Home Lko. - Allahabad, Manish Tandon VS Ankita Bhutani - Punjab and Haryana, Bhanu VS Smt. Dhapa - Rajasthan, Janabai VS Krishna Ravba Rithe and another - Bombay, Shabana Bano VS State Of U. P. - Allahabad, Dhanwanti Devi VS Singhasan Singh - Allahabad, Dhanwanti Devi VS Singhasan Singh - Allahabad, Mukunda Ramaji Dunedar VS Sitabai Mukunda Dunedar - Bombay, Vithalrao Marotrao Awadhut VS Ratnaprabha Awadhut & others - Bombay, Bakulabai VS Gangaram - Madhya Pradesh
Search Results for "Whether Second Application under 125 Crpc Maintainable when First Application was Rejected on Merits"
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 ... of a second application under Section 125 Cr.P.C. after the first was dismissed for want of prosecution without liberty to file ... res judicata - The court found that the second application was maintainable as the obligation to mai....
1993 0 Supreme(Raj) 756 • India - Rajasthan
M.R.CALLA, V.K.SINGHAL
Whether the second marriage between the appellant and Smt. Dhapa was valid. 2. Whether Smt. ... MAINTENANCE - SECTION 125 CRPC - SECTION 105 HMA - VALIDITY OF SECOND MARRIAGE - MAINTENANCE TO SECOND WIFE - INTERPRETATION OF ... Dhapa under Section 125 CrPC. The appellant argued that the second marriage was invalid and that Smt. ... The appellant filed the present appeal along with the stay-application#HL_....
1992 0 Supreme(Bom) 412 • India - Bombay
A.C.AGARWAL
Section 125 - Maintenance-Dismissal of first application ... Second ... application after seventeen years-Husband remarried-Three children born to him with second wife-First wifes parents grown old and ... application for maintenance not be hit by res Judicata. ... Her application for maintenance being Misc. Appplication No. 8 of 1985 under section 125 of the Code of Criminal Procedure#....
2023 0 Supreme(All) 267 • India - Allahabad
SHIV SHANKER PRASAD
or affording opportunity of hearing to applicant, second case/application for same relief i.e. maintenance allowance will be maintainable ... Application No. respectively have been rejected for want of prosecution and the same have not been finally decided after affording ... Criminal Procedure Code,1973 - Section 125 - Maintenance – Claim - Application to quash judgement and order ... merits or affording opportunity of hearing to t....
2017 0 Supreme(P&H) 2535 • India - Punjab and Haryana
LISA GILL
The court emphasized that the right to maintenance is a recurring cause of action and a second application under Section 125 Cr.P.C ... Ratio Decidendi: The right to maintenance is a recurring cause of action, and a second application under Section 125 Cr.P.C ... The trial court rejected the applications, leading to the petitioner filing a revision petition. ... 125 Cr.P.C. was ....
1979 0 Supreme(All) 214 • India - Allahabad
P.N.BAKSHI
Whether the second revision was maintainable? 2. Whether the wife was entitled to maintenance allowance? ... Finding of the Court: The High Court held that the second revision was maintainable as the dismissal of the first revision ... CRIMINAL PROCEDURE CODE, 1973 - SECTION 397(3), 354, 362 - MAINTENANCE - SECOND REVISION - MAINTAINABILITY - DISMISSAL OF FIRST ... In such a contingency Section 397 (3) ....
1979 0 Supreme(All) 213 • India - Allahabad
P.N.BAKSHI
Whether the second revision was maintainable? 2. Whether the wife was entitled to maintenance allowance? ... Finding of the Court: The High Court held that the second revision was maintainable as the dismissal of the first revision ... CRIMINAL PROCEDURE CODE, 1973 - SECTION 397(3), 354, 362 - MAINTENANCE - SECOND REVISION - MAINTAINABILITY - DISMISSAL OF FIRST ... In such a contingency Section 397 (3) ....
2004 0 Supreme(Bom) 856 • India - Bombay
S.T.KHARCHE
In such circumstances, this petition is liable to be rejected on this short ground itself. ... Section 397(3) of Cr PC. - Section 397(3) of Cr PC bars a second revision petition by same party. ... On merits too there is no case because evidence shows that marriage took place some 50 years ago and also blessed with a daughter ... have utilised the powers under section 482 of the Code and entertained a second respondent. ... be dismissed and the order dated 12-2-2001 passed by the learned Judicial Magistrate, Fir....
1978 0 Supreme(Bom) 39 • India - Bombay
M.D.KAMBLI
Whether a second application for maintenance under section 488 of the Criminal Procedure Code is maintainable when an earlier application ... A second application for maintenance under section 488 of the Criminal Procedure Code is not maintainable when an earlier application ... that the second application for maintenance filed by the non-applicant wife was #HL_....
1988 0 Supreme(MP) 667 • India - Madhya Pradesh
RANGANATH MISRA, LALIT MOHAN SHARMA
The High Court rejected Bakulabai's revision application, holding that it was not maintainable as it was the second revision application ... Whether the revision application before the High Court was maintainable? 2. ... The provisions of Section 397(3) of the Code of Criminal Procedure, 1973, which bar a second revision application by the same person ... By the impugned judgment the High Court #H....
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