Smt. Chaitra D/O Malleshappa ... vs Manjunath S/O Nagappa Balaganur
2024 Latest Caselaw 18904 Kant

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

                                                -1-
                                                       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:
                               -2-
                                     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.

NC: 2024:KHC-D:10658-DB

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