Can't Entertain Appeal Disguised As Review: Gauhati High Court Dismisses Challenge To Maintenance Order

The Gauhati High Court recently refused to entertain a review petition against a maintenance order filed under Order 47 Rules 1, 2 and Section 151 of CPC stating that there were no grounds mentioned in the petition on which a review can be allowed.

While dismissing the petition, the single judge bench of Justice Parthiv Jyoti Saikia observed, “In the guise of a review petition, nobody is allowed to file an appeal.”

The petitioner-husband was directed by the Additional District Judge to pay a maintenance of Rs. 7,000/- per month to the respondent-wife after considering that the petitioner earns monthly salary of Rs.49,881/-.

The petitioner approached the High Court challenging the maintenance order of the Additional District Judge on the ground that the said maintenance order was exorbitant for him.

However, after the perusal of materials on record, the High Court vide order dated January 17, 2022 directed the petitioner to pay a monthly maintenance of Rs.12,000/-.

The petitioner filed a petition under Order 47 Rules 1, 2 and Section 151 of CPC for the review of the impugned order of the High Court contending that the said amount of Rs. 12000/- is exorbitant for him to pay.

After giving due consideration to the abovementioned provisions and relying upon the judgment of the Supreme Court in Union of India v. Sandur Manganese & Iron Ores Ltd. (2013) 8 SCC 337, the court observed that a review petition is maintainable only on the following grounds:

1. A new matter or evidence has been discovered which was not in the knowledge of the petitioner in spite of due diligence;
2. Although such matter or evidence was in the knowledge but the same could not be produced before the court when the judgment under review was passed or ordered;
3. There is some mistake or error apparent on the face of the record or for any other sufficient reason.

The court held that the abovementioned grounds on which a review can be allowed do not exist and thus dismissed the petition for being devoid of merit.

Case Title: Heramba Kumar Das v. Archana Das

Citation: 2023 LiveLaw (Gau) 43

Coram: Justice Parthiv Jyoti Saikia

Click Here to Read/Download Judgment