Karnataka High Court
Smt. Chaitra D/O Malleshappa ... vs Manjunath S/O Nagappa Balaganur on 29 July, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC-D:10658-DB
MFA No. 101788 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101788 OF 2024 (MC)
BETWEEN:
SMT. CHAITRA D/O. MALLESHAPPA KUMBARISHETTAR
W/O. MANJUNATH BALAGANUR,
AGE. 27 YEARS OCC. STUDENT,
R/O. HULAGUR, TQ. SHIGGON, DIST. HAVERI,
NOW R/O. S. K. GIRLS P. G. ACCOMODATION,
4TH BLOCK, JAYANAGAR, BENGALURU-11,
TQ AND DIST. BENGALURU-560011.
...APPELLANT
(BY SRI. P. G. MOGALI, ADVOCATE)
AND:
MANJUNATH S/O. NAGAPPA BALAGANUR,
AGE. 31 YEARS, OCC. PRIVATE SERVICE,
R/O. DOMBARAMATTUR, TQ. SAVANUR,
Digitally signed DIST. HAVERI P.C.NO.581111.
by JAGADISH T
R ...RESPONDENT
Location: HIGH
COURT OF
KARNATAKA
THIS MFA IS FILED U/SEC. 28 OF THE HINDU MARRIAGE ACT,
1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED
IN M.C. NO.36/2024 DT. 14/03/2024 BY THE HON'BLE PRINCIPAL
JUDGE, FAMILY COURT, HAVERI ALONG WITH COST.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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NC: 2024:KHC-D:10658-DB
MFA No. 101788 of 2024
CORAM:HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: HON'BLE KRISHNA S.DIXIT) Challenge in this appeal is to a compromise decree entered in MC No.36/2024 disposed off on 14.03.2024 by the learned Principal Judge, Family Court, Haveri. Office after scrutiny has raised several objections, one of them being maintainability of appeal, since orders on compromise are not appealable. Appeal of the kind is barred by virtue of Section 19(2) of the Family Courts Act, 1984, which reads as under:
"19. Appeal.- (2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties (or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974)."
2. Even otherwise, when proceedings have been concluded on the basis of compromise, they partake the nature of contract and if the same are to be voided on the doctrine of coercion, fraud, undue influence & mistake, the only remedy is to file an application under Order XXIII Rule 3A read with Section 151 of Code of Civil Procedure, 1908. -3-
NC: 2024:KHC-D:10658-DB MFA No. 101788 of 2024 In view of the above, appeal is disposed off accordingly. Liberty to explore other remedies is reserved.
Sd/-
(KRISHNA S.DIXIT) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE JTR/ct-an List No.: 1 Sl No.: 12