Party Claiming Change In Circumstance Can’t File Fresh Plea But Move U/S 127 CrPC: Delhi High Court

Delhi High Court ordered that Maintenance Petition U/S 125 CrPC Covered By Res Judicata and Party Claiming Change In Circumstance Can’t File Fresh Plea But Move U/S 127 CrPC. This was seen in the case of SUNITA & ANR. v. VIJAY PAL @ MOHD. SABIR & ANR.( CRL.REV.P. 161/2018) and the judgement was presided over by the Coram of HON’BLE MS. JUSTICE SWARANA KANTA SHARMA.

Facts of the Case-

The marriage between petitioner and respondent was solemnized in the year 1990 and the parties last resided together up to January 1996. Since the time of separation, the parties have been involved in multiple litigations. Out of which one such case was filed CRL.REV.P. 161/2018 Page 2 of 14 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.

However, the said case was dismissed on the ground of res judicata vide the impugned order dated 22.09.2017 on the ground that prior to the filing of the said petition, the Petitioner along with her two children had filed petition Bearing No. 289/1996 under Section 125 Cr.P.C.


The court while Laying emphasis on the doctrine of res judicata observed that the said principle has been evolved to prevent multiplicity of litigation regarding the same issues and puts an end to a finally adjudicated issue ensuring finality in litigation.

The court said- “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.”

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Judgement reviewed by Utkarsh Sahu

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