Appiicability of res-judicata in maintenance case under section 125 of c.p.c.

Kunal Sarkar (Querist) 21 June 2013 This query is : Resolved
In the year 2009 the Wife filed a petition under section 125 of Cr.P.C. against her husband claiming maintenance and after submission of written statement the wife withdraw case on the ground that, she left the jurisdiction of this court and accordingly the Court allowed her prayer and passed order that,"the case is dismissed on withdrawal"

Subsequently in the year 2011 the wife again filed a petition under section 125 of Cr.P.C. in the same Court claiming maintenance.

Now it is relevant to mention here that, the contents, averments as well as cause of action are as it is like previous petition.

In cross-examination wife admitted that, after withdrawal of previous petition some new facts was come out and at the time of argument I took a plea of Res-judicata on the ground of same cause of action and previous petition is dismissed after filing of written statement but the court allowed maintenance to wife.

Now i preferred Revision against the the Judgment & Order. I am standing for the Husband.

Now my question is ;

1. Whether in this situation the principle of Res-judicata is applicable.

2. Whether after two years the wife can filed same petition on same cause of action.

3. Whether there is any provision of law or case law is available to substantiate my point.

Follow Query

Report Abuse

Adv Archana Deshmukh (Expert) 22 June 2013
I don't think so.. bcoz the purpose of s. 125 crpc is to provide maintainance to the wife who is unable to maintain herself. So she can file whenever there arises cause of action. You can defend ur case on other available grounds but the principle of res judicate won't be applicable.

prabhakar singh (Expert) 22 June 2013
1.No,2.No &3.No
Moreover there was no adjudication as the case was allowed to be withdrawn.

Maintenance is a right whose cause of action is recurring and gets refreshed each month till life of the claimant,though it gets time barred for past 3 years.