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2026 Supreme(Online)(Ker) 27823

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. Snehalatha, JJ
Manu Balakrishnan – Appellant
Versus
Deepthy – Respondent
RP NO. 680 OF 2025|Mat.Appeal NO.425 OF 2018



Advocates:
For the Appellants/Petitioners: Shri.Johny K.George, Smt. Athulya Martin
For the Respondents: Sri R Bindu (Sasthamangalam)

Review petitions by different counsel untenable absent compelling circumstances, especially contradicting prior consent.

Headnote:The review petition challenges a matrimonial appeal judgment directing return of 45 sovereigns of gold and payment of maintenance arrears, asserting no such agreement existed. The court observed that review by different counsel is impermissible absent compelling reasons, as settled by Supreme Court precedents. No statutory sections directly quoted; findings confirm consent in prior appeal disposal. Key issue framed as validity of review contradicting prior counsel's consent. Ratio decidendi holds reviews untenable through new counsel without exceptional circumstances, emphasizing judicial finality on express consent. Review petition dismissed without costs.

Table of Content
1. petitioners deny agreeing to gold return and maintenance payment. (Para 1)
2. review by different counsel impermissible without compelling reasons. (Para 2 , 3)
3. petition dismissed without costs despite displeasure. (Para 4 , 5)

The petitioners assert that the judgment sought to be reviewed is in error because, they had not agreed to return 45 sovereigns of gold to the 1st respondent, or to pay off the entire arrears of maintenance.

2. We notice that this petition for review has been filed through different counsel, and not through the one who had represented the petitioners in the appeal. It has been well settled, through several judgments of the Hon’ble Supreme Court, that, unless there are compelling causes or circumstances, a review application by a different counsel is untenable and impermissible.

3. The reasoning of the Hon’ble Supreme Court attracts on all force in this case because, we had disposed of the matter on the express consent offered by the learned counsel for the petitioner; and we see no reason why we must exercise any jurisdiction in review on the basis of a contra- assertion to be made subsequently, and that too, through a different counsel.

4. We do not want to say anything further, except to record our displeasure in the conduct of the petitioner.

5. This review petition is consequently dismissed.

Though we would have been justified in imposing costs, we refrain from doing so, adverting to the fervent request of Sri.Johny K. George.

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