Curative Petition- Supreme Court of India

Rupa Ashok Hurra v. Ashok Hurra (2002)4 SCC 388; AIR 2002 SC 1771

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A curative petition can be filed under the inherent jurisdiction of the Court to prevent abuse of its process and cure gross miscarriage of justice, as per the law laid down in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. It can be either a civil petition or a criminal petition. Order XLVIII of the Supreme Court Rules states when can a Curative Petition be filed which is after the dismissal of a case in exercise of review jurisdiction under Article 137 of the Constitution, by way of circulation.
Such a petition which is filed under Order XLVIII of the rules shall be circulated to and heard by a bench of three senior most judges FAMILY LAW EXPERTS SINCE 1975
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as well as the judges who passed the judgment in question. Unless otherwise ordered by the court, such a petition shall be disposed of by circulation without any oral arguments. It shall be governed by the laws laid down under landmark judgment given in the matter of Rupa Ashok Hurra Vs. Ashok Hurra.
It shall contain specifically that no new grounds have been taken and the grounds mentioned in the petition had been taken in the application for review, which was dismissed by circulation.It shall always be accompanied a certificate of a senior advocate that the petition meets the requirements delineated in the case mentioned;
A certified or authenticated copy of the judgment or order complained of ;and A certificate of the advocate-on-record to the effect that it is the first curative petition in the impugned matter.
There is no limit within which a curative petition must be filed however , the same must be filed within a reasonable time from the dateoftheimpugnedjudgment.It states that the same fee as was paid in the original proceedings shall be levied. Taps9 Legal Services
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