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Madras High CourtREV.APPL/106/2025dismissed

E.Maharajan v. Malarkodi

2025-08-12Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice P. Dhanabal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE P.DHANABAL Review Application No.106 of 2025 in C.M.A.No.2834 o 2022 E.Maharajan S/o S.Erulappan ... Petitioner Vs.

Malarkodi, W/o E.Maharajan ..Respondent Review Application filed under Order 47 Rule 1 of CPC with Section 144 of CPC against the order dated 21.08.2024 in C.M.A.No.2834 of 2022 passed by this Court .

For Petitioner : Mr.G.Sridevi

O R D E R

(The order of the Court was made by J.Nisha Banu,J.) This Review Application has been filed as against the judgment passed by this Court in C.M.A.No.2834 of 2022. Page 1/4

2. The above said C.M.A. has been filed by the wife as against the order of divorce on the ground of cruelty passed in HMOP.No.2643 of 2019, filed by the husband. This Court, vide order dated 21.08.2024, dismissed the said C.M.A., however, directed the husband to pay a sum of Rs.5,00,000/- towards permanent alimony to the wife. Aggrieved by the same, the husband/appellant herein has filed this review application.

3. At this juncture, it is pertinent to point out that in the decision reported in 2018 (3) CTC 122 [D.Rajappa and another Vs. State of Tamil Nadu, rep. By its Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St.George, Chennai-9] it is held that differing view disturbing the finality of judgment is not permissible in review.

4. In the case on hand, there is no error apparent on the face of record to review the order passed by this Court in the said C.M.A.. The review Court cannot entertain the arguments touching the merits and demerits of the case and cannot take a different view disturbing the finality of the judgment.

Page 2/4

6. In such view of the matter, this Court finds that no ground is made out to review the order dated 21.08.2024. Therefore, Review Application is dismissed. No costs.

(J.N.B,J.) (P.D.B., J.) Index : Yes / No 12.08.2025 Internet : Yes vsi Page 3/4

J. NISHA BANU, J.

and P.DHANABAL,J.

vsi 12.08.2025 Page 4/4