Scope of compromise in appeal

Ranganath (Querist) 17 September 2014 This query is : Resolved
Ld counsels,

Divorce proceeding ended in favor of husband and appeal is pending before high court. As per family court act court need to find possibility of reconciliation. marriage is declared null and void on two grounds. By way of compromise can husband withdraw one ground and retain the other ground for null and void. Is it permissible for high court to alter the decree family court as per the compromise based on only one of the two grounds.

thanks in advance.

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Dr J C Vashista (Expert) 17 September 2014
Once the case has been decreed by Family Court it cannot reopen, however, High Court can re-evaluate the records/ evidence and decide.

Advocate. Arunagiri (Expert) 17 September 2014
High Court is having powers to modify the orders of the lower court.

Devajyoti Barman (Expert) 17 September 2014
In appeal the party on its wish can not waive one ground of decree especially in matrimonial proceeding.

R.K Nanda (Expert) 17 September 2014
only high court has power to change order of family court.

Rajendra K Goyal (Expert) 17 September 2014
High court has powers to change the decision of the family court.

T. Kalaiselvan, Advocate (Expert) 25 September 2014
You may approach the high court with an appeal as well as a compromise memo seeking its intervention to alter the decree as has been enumerated in the compromise petition signed jointly by both the parties. consult your lawyer and proceed with the issue.

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