Cr.P.C Section 125

Querist : Anonymous (Querist) 24 May 2011 This query is : Resolved
my wife, a Railway employee, filed a case u/s 125 Cr.P.C in the year 2000 for mantenance for herself and two minor sons. That case was disposed off on compromise wherein I made two fix deposits of Rs.30,000/- each for my two sons who are living with my wife. Now she has again filed a petition u/s 125.
Can she file a second application u/s 125 Cr.P.C. Pls tell me the remedy

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Raj Kumar Makkad (Expert) 24 May 2011
Yes. There is no restriction to file subsequent application seeking maintenance on changed circumstances.

Sarvesh Kumar Sharma Advocate (Expert) 24 May 2011
filing second maintenance case on changed circumstances is not barrad by law!

Guest (Expert) 24 May 2011
I endorse the advice of Mr. Makkad. She may require enhancement in maintenance cost due to enhancement of cost of living.

Dayananda Gowda (Expert) 24 May 2011
I agree with experts

PALNITKAR V.V. (Expert) 25 May 2011
Whether the application is for herself or for sons or for both? Since, the first application was decided on compromise, whether the terms of compromise are in the nature of waiver of right of maintenance by wife? If the application is for maintenance of sons, then it has to be treated as an application for modification of the order in the changed circumstances and not a fresh application u/s 125.

M.Sheik Mohammed Ali (Expert) 25 May 2011
i do agree all experts query reply

Guest (Expert) 25 May 2011
yes i agree with the experts

Jitendar Kumar gupta (Expert) 25 May 2011
yes she can file petition U/S 125 Cr.P.C.

R Kumar (Expert) 25 May 2011
Yes she can file the petition. But if she is unable to maintain herself. In this case I am unable to under stand how you loose the case against your wife. According to you she is earning member and able to maintain herself. Therefore she can not claim maintenance. The law is wife and child can claim maintenance only as per the status of husband/father. It is status of necessity and not for luxury. So if second petition filed against you the your wife/children have to prove that enhancement of the maintenance is necessary for their survival. You can choose defense in your favor.If there is no such ground then only on the similar ground second petition can not be filed.