Item No.39
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
I.A.No.1 of 2020 IN/AND F.C.A.No.23 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The present appeal is directed against a consent decree dated
25.08.2012 passed in O.P.No.612 of 2011, on the file of the Family
Court, Hyderabad, between the mother of the appellant and his father,
the respondent.
2. At the outset, we have requested learned counsel for the appellant to address this Court on the maintainability of the present appeal, in view of the embargo placed in Section 19(2) of the Family Courts Act that mandates that no appeal shall lie from a decree or order passed by the Family Court with the consent of the parties.
3. Learned counsel for the appellant states that he may be permitted to withdraw the present appeal while reserving the right of the minor son to approach the Family Court for appropriate orders to the extent of modifying Clause No.1 of the Memorandum of Compromise dated 25.08.2012 that records the terms and conditions of the visitation of the respondent/father qua the appellant/son. 2
4. Leave, as prayed for, is granted. The present appeal and the condone delay application are disposed of as not pressed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 24.03.2021 Lrkm/pln