Allahabad High Court holds that after the first plea is rejected in changed circumstances, the second plea under Section 125 CrPC for maintenance is maintainable; the Res Judicata principle does not apply.
Title: Shyam Bahadur Singh vs. State of U.P. and Another
Decided on: 23rd May, 2023
CRIMINAL MISC. WRIT PETITION No. – 22529 of 2008
CORAM: HON’BLE Mrs. JYOTSNA SHARMA J.
Introduction.
The Allahabad High Court has noted that if there are changes in the circumstances entitling a person to be a claimant under the stated provision, a second application seeking maintenance under Section 125 of the CrPC can stand, following the denial of the first application.
Analysis.
The Court was of the opinion that if the right to submit an application for maintenance is foreclosed, it will undermine the whole purpose of section 125 CrPC. It emphasized that the obligation to maintain under section 125 CrPC is a continuing obligation.
The Court proceeded to note that the main purpose of the legal actions brought under Section 125 CrPC is to avoid being impoverished and homeless and that this provision tries to provide immediate relief to the society’s members.
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Written by- Varada Hawaldar