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manu (advocate)     09 August 2008

compromise decree

Dear Sirs,

As per the compromise decree between muslim husband and wife the custody of  the children vests with wife and husband enjoys visiting rights and he can have the custody of children for fifteen days in vacation and three days in a week during school working days. accordingly he sought for the custody at the time of exams. so wife refused to give the children to his custody. Now husband has filed execution petition in the court.

can regular appeal be filed against compromise decree by the wife seeking for the alterations in the terms and conditions??

any other remedy for wife in this regard??



Learning

 7 Replies

Srinivas.B.S.S.T ( Advocate)     09 August 2008

Sir you havent mentioned the age and s*x of the children.

Kiran Kumar (Lawyer)     10 August 2008

no appeal remedy against the compromise decree for alterations when u urself are at fault.


its better ot honour the decree, any legal complication is likely to go against u.


moreover how can u deny father of his visiting and custody rights.

Prakash Yedhula (Lawyer)     10 August 2008

There is a provision under the CPC to file appeal against the compromise decree, but only in case the same should, or should not, have been recorded.] I have extracted the same


Order XLIII 1A. Right to challenge non-appealable orders in appeal against decree-



(1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.



(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]




Tribhuwan Pandey (Advocate)     10 August 2008

No appeal against the Compromise decree unless it has been taken by fraud or undue influence or  coercive method then you can challenge the said decree.


 


 


 


Tribhuwan C. Pandey


 


Advocate

manu (advocate)     10 August 2008

sir, both r males....one is in 4th std and anther in 2nd std.

Mohit Attri (lawyer)     11 August 2008

compromise decree is not a order of a court. so no right to appeal against compromise decree.

Srinivas.B.S.S.T ( Advocate)     14 August 2008

She can contend the EP filed by the
husband on the grounds that the visit by the father is distrubing the
studies or psychological state of the children.


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