Arihant Guntiwar vs Sri Gandham Shyam Sunder Rao
2021 Latest Caselaw 976 Tel

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.

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