1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2015 CORAM: THE HONOURABLE MR.JUSTICE P.DEVADASS REV.APLC (MD) No.105 of 2011 in C.R.P.(PD) (MD) No.1115 of 2008 Dr.Prabhu Srinivasan ... Petitioner / Petitioner -vs- Ramaprabha ... Respondent / Respondent PRAYER: Review Petition is filed Section 114 & Order 47 Rule 1 of the Code of Civil Procedure, to set aside the order made in C.R.P.(MD) No.1115 of 2008, dated 29.08.2011 by allowing the review petition. Prayer in CRP.1115/2008 : Civil Revision Petition filed under Article 227 of constitution of India to set aside the fair and decreetal order dated 14.03.2008 in I.A.8/2007 in H.M.O.P.69/2004 on the file of the Additional Subordinate Judge, Kumbakonam, Thanjavur District. For Petitioner : Mr.K.Baalasundharam For Respondent : Mr.N.Sivakumar O R D E R This Review Application is at the instance of an husband with reference to this Court's Order, dated 29.08.2011, passed in C.R.P.(PD) (MD) No.1115 of 2008. 2. Petitioner and respondent have joined in wedlock. Now they are in a deadlock. They were gifted with a son. He is not a party to the fight between his parents. Husband sought for divorce from his wife in H.M.O.P.No.69 of 2004, in the Court of learned Subordinate Judge, Kumbakonam. It was opposed to by his wife. 3. Wife filed I.A.No.8 of 2007, under Sections 24 and 26 of Hindu Marriage Act, 1955, seeking maintenance for herself and for her son and for litigation expenses. It was opposed by her husband tooth and nail. 4. The Trial Court, after considering the pleadings of the spouses and the arguments of both sides, directed the Review Applicant to pay Rs.10,000/- per month each to his wife and son and Rs.50,000/- towards litigation expenses. 5. Aggrieved, the husband approached this Court by filing a C.R.P. (PD) (MD) No.1115 of 2008. https://hcservices.ecourts.gov.in/hcservices/ 2 6. In the said revision, both side counsel exhibited their forensic skill. This Court witnessed a great legal battle. Ultimately, both won to some extent, because the maintenance granted to the wife has been set aside, however, the maintenance granted to the son has been upheld and the litigation expenses has been reduced to Rs.25,000/-. And, the matter has been remanded to the Trial Court in sofar as the wife is concerned to adjudicate with reference to her means. 7. According to the learned counsel for the Review Applicant, in cases, where the spouses are employed, as parents both are equally bound to maintain their son and contribute in proportion to their income. In this contention, the learned counsel for the review applicant cited Padmja Sharma v. Ratan Lal Sharma [(2000) 4 SCC 266]. 8. The learned counsel for the review applicant would submit that had the said decision was brought to the notice of this Court while it dealt with the matter, it would not have ordered maintenance. In the circumstances, according to the learned counsel for the Review Applicant, the order of this Court dated 29.08.2011 requires review. 9. On the other hand, the learned counsel for the respondent would contend that for the above reason a review is not maintainable because failure on the part of a counsel to cite a decision cannot be a reason to overturn a reasoned Order. In this connection, the learned counsel for the respondent cited Sri Dokka Samuel v. Dr.Jacob Lazarus Chelly [1997 SAR (SC) 437], Civil Appeal No.2238 of 1997, dated 14.03.1997. 10. I have anxiously considered the rival submissions, perused the materials on record and the impugned Order. 11. The question that arises for consideration is as to whether in the facts and circumstances, the Order, of this Court in C.R.P.(PD) (MD) No.1115 of 2008, dated 29.08.2011, requires review. 12. There are several statutory remedies. They are, appeal, revision, review and reference. Each is different from the other. Each has some distinctive features. All these remedies are creation of relevant statute. Such remedies should not be as a matter of course. But, it should be as a matter of right. 13. There is a vital distinction between an appeal and a review. An appeal arises out of Judgment and Order of a Court. It involves the higher forum to assess the merit or otherwise of the Judgment under challenge. On the other hand, review arises under different circumstances. Generally, a review is intended to correct any error, which stars on the face of record. It is to correct an error apparent on the face of the record. No appeal shall be dressed in the form of a review. There cannot be any appeal under the pretext of review. There cannot be a phantom or bubble of review but appeal in substance. 14. Merely on account of failure to cite a case law, a Judgment or Order of the Court cannot be allowed to be reviewed. Otherwise, there will be no end. If that is allowed, then the Courts will be filled with only review applications as and when orders and Judgments are passed. Failure on the part of the counsel to cite a relevant decision before the https://hcservices.ecourts.gov.in/hcservices/ 3 Court is not a ground to review a concluded Judgment so as to rehear and re-adjudicate in view of the decision, which was failed to be cited before the Court. This is the ratio of the Hon'ble Supreme Court in Jacob Lazarus Chelly's case (supra). Consideration of a matter in the light of the decision, which ought to have been cited before the concerned Court but not cited, is a matter for the Appellate Court. 15. In view of our analysis, we have come to the view that on the ground urged by the review applicant, the Order of this Court cannot be reviewed as there is no valid ground to review the Order of this Court, dated 29.08.2011 passed in C.R.P.(PD) (MD) No.1115 of 2008. 16. In the result, this Review Application fails and it is dismissed. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Additional Subordinate Judge, Kumbakonam, Thanjavur District. +1cc to Mr.N.Sivakumar, Advocate SR.No.48561 REV.APLC (MD) No.105 of 2011 in C.R.P.(PD) (MD) No.1115 of 2008 21.08.2015 krk NS/AN-MP/SAR-J/03.09.2015 : 3P/3C https://hcservices.ecourts.gov.in/hcservices/