sunny john 11 February 2023

review against cma in high court

the family court ordered the husband to pay interim maintenance of rs 30k per month u/s 24 of hma, and civil miscellaneous appeal was filed in the high court. the high court confirmed the same amount. is it possible to file a review application in the high court?

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Pankhuri Rastogi 29 November 2024

Hello Sunny,

I have gone through your query and I understand your frustration regarding the filing of a review petition in the High Court. Here, I would like to help you out by providing relevant answers to your query for a better understanding of the concept.

As per Order XLVII of the Code of Civil Procedure (CPC), 1908, only if there is a ground that tends to warrant the reconsideration of the facts, judgment, or order, the review petition can be filed under any competent court of law. But it should be noted that the grounds for the filing of review petitions are really limited and those must be based on some specific legal reasons.

Let me tell you some points or we can say some reasons, in the presence of which, a review petition can be filed. If there is a discovery of any new fact that is relevant and can change the judgment or the order if there was an error or mistake on the face of the records, or if there are any other subsequent but relevant reasons.

I recommend you refer to the case of S. R. Tiwari v. Union of India (2012), as in this case, the Supreme Court highlighted that review petitions are not for re-opening of the case just to argue again but are instead for the rectification of the errors which were previously there but didn’t notice. Similarly, in the case of R.B. Shreeram Durga Prasad v. N. S. Uddin (1985), the Court held that the review process is limited and should not be used as an alternative to an appeal.

Lastly, I would suggest not going for a review petition if there are no new facts or errors that were there in the court order. However, if you really believe that there are valid grounds, you may go with the option of filing a review petition. Please note that the review petition must be filed within 30 days from the date of the High Court's judgment under Order XLVII, Rule 1 of the CPC.

I hope I was able to help you with the query. If you need further clarification, then please feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)

Thank You.