Unlike other types of orders passed by courts which cannot generally be reopened or reviewed by the same court, there are specific provisions in the Criminal Procedure Code which allow for modification / alteration of the order of maintenance under Section 125 Cr.P.C. by the same court in certain circumstances. For example, see Section 127 of Cr.P.C. and Section 125(4) of Cr.P.C.
Secondly, even after a maintenance application has been disposed of earlier, it may be permissible to file a fresh maintenance application if the necessary conditions requiring passing of the maintenance order are satisfied. This is on the basis of a fresh cause of action.
So, you may examine these legal provisions in the light of the detailed facts of your case. We cannot comment on the facts of a case. If needed, you may consult some local lawyer. If you find that your case does not fit in these legal provisions, then challenge the order of the Magistrate before the higher courts.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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