Second Application U/S 125 CrPC Is Maintainable Even If First Plea Was Dismissed Sans Liberty To File Afresh: Allahabad HC

The Allahabad High Court ruled that a second application under Section 125 of the Criminal Procedure Code (CrPC) is maintainable even if the first plea was dismissed without liberty to file afresh. The court emphasized that the right to seek maintenance is a continuing right and can be exercised if there are changes in circumstances. The case involved a woman whose initial application for maintenance was dismissed, and she filed a second application due to changed circumstances. The court’s decision underscores the importance of ensuring access to justice and the right to seek maintenance in light of new developments.