HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
I.PRASHEEJA – Appellant
Versus
THE DISTRICT COLLECTOR, – Respondent
RP/809/2021
Maintenance - Review Petition - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections Undisclosed - The court upheld the tribunal's order for maintenance payment, emphasizing lack of apparent error justifying review.
Fact of the Case:
A review petition was filed challenging a judgment that upheld a tribunal's order requiring the petitioner to pay monthly maintenance to her mother.
Issues: Whether the petitioner could successfully demonstrate an error warranting the review of the previous judgment.
Ratio Decidendi: The review proceedings can only reconsider aspects strictly within the confines of established procedural rules, without introducing new arguments.
Final Decision: The Review Petition is dismissed.
This Review Petition is filed seeking to review the Judgment dated
30.3.2021 in W.P. (C) 3956 of 2021.
2. I have heard Sri. I. Prasheeja, who appears in person and Sri R. Sreehari, the learned counsel appearing for the respondent.
3. By the judgment under review, this Court had confirmed the order passed by the tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens act, 2007 as per which the tribunal had ordered the review petitioner to pay a sum of Rs 3000/ per mensem to her mother, the 3rd respondent in the Writ Petition.
4. It is well settled that review proceedings are to be strictly confined to the ambit and scope of Order XLVII Rule 1 of the Code of Civil Procedure. A judgment may be open to review if there is a mistake or error apparent on the face of the record. the petitioner has not been able to point out any error apparent on the face of the record warranting exercise of review powers.
5. The petitioner cannot be permitted to raise questions that were not raised earlier and the attempt, it seems, is to convert a review petition to an appeal in disguise. Having considered the entire aspects, I find no reason to allow this review petition.
This Review Petition is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs APPENDIX OF RP 809/2021 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF APPLICATION SUBMITTED BEFORE THE MAINTENANCE TRIBUNAL AS IA IN H-7386/18 AND H-2278/15 PETITIONS BY REVIEW PETITIONER AND HER SISTER TO RECEIVE DOCUMENTS IN WHICH, DOCUMENTS SHOWN AS EXHIBIT R1 TO EXHIBIT -R48 Annexure 2 CERTIFIED COPY OF SETTLEMENT STATEMENT BEFORE CONCILIATION OFFICER OF APPELLATE TRIBUNAL DATED
7/11/16 Annexure 3 TRUE COPY OF STAY ORDER IN WP(C) 3956/20 DTD
12/2/10 Annexure 4 CERTIFIED COPY OF APPLICATION SUBMITTED BEFORE MAINTENANCE TRIBUNAL AS IA NO.H-7386/18 PETITION TO REVERSE GEAR MORTGAGE OIF 3RD RESPONDENT'S .PROPERTY DATED ON 18/9/19 Annexure 5 CERTIFIED COPY OF APPLICATION SUBMITTED BEFORE MAINTENANCE TRIBUNAL AS IA IN H-7386/19 PETITION TO IMPLEAD RESPONDENT'S SON, DAUGHTER-IN-LAW AND BROTHER AS NECESSARY PARTIES DTD 20/8/19 Annexure 6 CERTIFIED COPY OF THE COUNTER IN H-7386/18 PETITION DTD 28/5/19 Annexure 7 NO.H-3867/21 INTIMATION LETTER DTD 4/10/21 FROM OTTAPPALAM MAINTENANCE TRIBUNAL RELATED TO PAYMENT OF MAINTENANCE AMOUNT IN WP(C)NO.3956/21 DTD 12/2/21(ORIGINAL)
Annexure 8 COMPUTER COPY OF CASE STATUS OF WP(C)3956/2020 Annexure 9 CERTIFIED COPY OF I.A.FILED BY THE REVIEW PETITIONER TO GET THE DETAILS OF 3RD RESPONDENT TO INCLUDE HER IN MEDISEP MEDICAL INSURANCE FOR KERALA GOVT.EMPLOYEES ON BEHALF OF THE REVIEW PETITIONER DTD 30/4/19 Annexure 10 CERTIFIED COPY OF DEPOSITION OF CO-OPERATIVE BANK MANAGER BEFORE OTTAPPALAM SUB COURT OS -60/11 Annexure 11 TRUE COPY OF CROSS OBJECTION FILED BEFORE HON.HIGH COURT OF KERALA BY 3RD RESPONDENT IN RFA-60/21 DTD 28/6/21 Annexure 12 CERTIFIED COPY OF PETITION FILED BEFORE HON.
HIGH COURT OF KERALA BY REVIEW PETITIONER'S SISTER TO GET INTERIM RELIEF ALLOWED, THE 1/5TH SHARE OF PATERNAL INCOME FROM 3RD RESPONDENT IN RFA-60/21 Annexure13 NO.C-44/2013 ORIGINAL LETTER DTD 25/3/2013 FROM PATTAMBI SRO STATING POWER OF ATTORNEY NO.232/IV/2004 IN THE NAME OF 3RD RESPONDENT STILL EXISTS.
Annexure 14 THE TRUE COPY OF 9/5/19 DTD RTI APPLICATION GIVEN BY REVIEW PETITIONER TO PATTAMBI VILLAGE OFFICER REGARDING THE SOURCE OF INFORMATION OF THE REPORT GIVEN TO 2ND RESPONDENT REGARDING THE FINANCIAL STATUS OF 3RD RESPONDENT.
Annexure 15 THE CERTIFIED COPY OF NO.4/19 DTD 29/5/19 RTI ACT REPLY GIVEN BY PATTAMBI VILLAGE OFFICER Annexure 16 THE CERTIFIED COPY OF COUNTER GIVEN BY REVIEW PETITIONER AND HER SISTER TO THE FALSE REPORT OF PATTAMBI VILLAGE OFFICER REGARDING 3RD RESPONDENT'S FINANCIAL STATUS Annexure 17 THE CERTIFIED COPY OF COUNTER GIVEN BY REVIEW PETITION AND HER SISTER TO THE FALSE REPORT OF PATTAMBI CO-OPERATIVE BANK MANAGER REGARDING 3RD RESPONDENT'S FINANCIAL DEALINGS.
Annexure 18 THE COPY OF REPORT OF PATTAMBI CO-OPERATIVE BANK MANAGER Annex
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