WHETHER DISMISSAL OF EARLIER CLAIM FOR MAINTENANCE U/S 125 OF CRPC WOULD BAR SUBSEQUENT CLAIM ?
question that arises for consideration is, whether the
dismissal of the earlier claim for maintenance
allowance under Section 125 of the Cr.P.C. would bar a
subsequent claim for maintenance allowance under the
same provision. Indisputably, the right to claim
maintenance allowance under Section 125 of the Cr.P.C.
is a recurring statutory claim. In the case of recurring
claims, the principles of res judicata or estoppel has
no application at all on a fresh cause of action or
changed circumstances. In this analysis, I hold that
the dismissal of the earlier M.C. on the evidence of
payment of maintenance allowance at that time could
not bar a subsequent claim on change of circumstances
which would give rise to a fresh cause of action. The
living standard/status of the wife and children which
spell out their ability to maintain themselves and the
means of the husband are the factors, which would
determine the entitlement of maintenance allowance
and the quantum of amount under Section 125 of the
Cr.P.C. and these factors are always fluctuating in
accordance with the change of circumstances. Needless
to say, change of circumstances will give rise to a
fresh cause of action. More over, being a claim under
social welfare legislation, the right to claim
maintenance under Section 125 of the Cr.P.C. has to be
construed in view of the object of the said provision,
i.e., prevention of vagrancy and destitution. Besides,
the above view further gets assurance from Section 127
of the Cr.P.C., which recognises alteration of the
quantum of allowances on proof of change in
circumstances.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 1ST DAY OF JUNE 2015
RPFC.No. 170 of 2015
SANEERA,
Vs
ABDURAHIMAN,
https://www.lawweb.in/2016/01/whether-dismissal-of-earlier-claim-for.html
