1 2025:CGHC:43943-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No.886 of 2025 1 - Anil Verma S/o Dharam Verma currently Aged About 45 Years R/o Village Singhauri, Tehsil and District Bemetara, Chhattisgarh Applicant (s) versus 1 - Smt. Baby Verma W/o Anil Verma Aged About 37 Years R/o Village Singhauri, Police Station, Tahsil And District Bemetara Chhattisgarh, Present Resident Of House Number 55 Near Garden, Atal Vihar Ward No.3, Bemetara, Police Station Tahsil Bemetara, Chhattisgarh Respondent(s) For Applicant (s) : Ms. Sabyasachi Bhaduri, Advocate For Respondent(s) : Mr. Vaibhav Goverdhan, Advocate Hon’ble Smt. Justice Rajani Dubey Hon’ble Shri Justice Sanjay Kumar Jaiswal Order on Board Per Rajani Dubey J. 29/08/2025 1. The present application has been filed seeking modification in the judgment dated 21.08.2024 passed in FA(MAT) No.169/2022, whereby the applicant husband was directed to pay permanent Digitally signed by R NIRALA 2 alimony of Rs.3 Lakhs to the respondent wife. 2. Learned counsel for the applicant submits that the respondent wife is in adulterous relationship and is living separately by her own volition and has voluntarily forfeited her claim for support from the applicant. She has also not shown any dependence or financial hardship. Therefore, the judgment dated 21.08.2024 directing the applicant husband to pay Rs.3 Lakhs as permanent alimony to the respondent wife may kindly be modified. 3. Learned counsel for the respondent supports the order under challenge. 4. Heard learned counsel for the parties and perused the impugned judgment under challenge. 5. It is well settled that scope of modification/review jurisdiction is extremely limited and only an error apparent on face of record can be corrected in the said jurisdiction and re-appraisal/re- appreciation cannot be done in exercise of said jurisdiction as that would amount to exercise of appellate jurisdiction which is impermissible in law as has been held in catena of judgments by the Hon'ble Apex Court, such as Devaraju Pillai v. Sellayya Pillai, reported in (1987) 1 SCC 61, Meera Bhanja (Smt) v. Nirmala Kumari Choudhury (Smt), reported in (1995) 1 SCC 170, Avijit Tea Co. Pvt. Ltd. v. Terai Tea Co. and others, reported in (1996) 10 SCC 174, Lily Thomas etc. v. Union of India and others, reported in AIR 2000 SC 1650, Akhilesh Yavad v. Vishwanath Chaturvedi and others, reported in 3 (2013) 2 SCC 1 and Sasi (D) through LRS. v. Aravindakshan Nair and others, reported in (2017) 4 SCC 692). 6. The grounds raised by the applicant in this application cannot be permitted to be raised. Even otherwise, there is no error apparent on the face of record in the impugned judgment under modification warranting interference by this Court. 7. Accordingly, the MCC is dismissed as not maintainable. Sd/- Sd/- Rajani Dubey Sanjay Kumar Jaiswal Judge Judge Nirala