• Setting aside a compromise petition order

Whether an order passed by a court, on a petition submitted by parents  of a girl child on her custody, could  be set aside . A petion for modification  of that order had been dismissed. I want to know that compromise reached can be set aside not modification
Asked 1 year ago in Family Law from Thrissur, Kerala
Religion: Christian
1) mother had signed consent terms wherein she agreed to give child permanent custody to father 

2)since both family and High court have dismissed application for modification of order giving custody of child to father compromise petition order would not be set aside 
Ajay Sethi
Advocate, Mumbai
31265 Answers
1718 Consultations

5.0 on 5.0

Hi, Once compromise entered into between the parties before the court it can't be modified or appealed before the appleate court.
Pradeep Bharathipura
Advocate, Bangalore
4264 Answers
164 Consultations

4.3 on 5.0

It is very difficult to setting aside the order with out a valid reason. If once high court dismiss the petition then you have to approach the high court. Try for applying the petition under the ground of change of circumstances and  mental conditions. 
Ajay N S
Advocate, Ernakulam
2199 Answers
26 Consultations

5.0 on 5.0

Whether an order passed by a court, on a petition submitted by parents  of a girl child on her custody, could  be set aside . A petion for modification  of that order had been dismissed. I want to know that compromise reached can be set aside not modification
If a decree has been drawn on the compromise arrived between the parties, it cannot be set aside nor an appeal can be preferred against it unless the compromise agreement conditions have been grossly violated rendering the the compromise agreement as infructuous. 




Mother of a girl child wants to come out from a compromise reached and orders passed by family court giving her child to her husband  on permanent  custody.  The couples not legally seperated but not living together
Under the situation the compromise arrived can be set aside.



Family court dismissed her petition for modification of the compromise order stating that petitioner's plea for modification  within 40days of a compromise reached was abuse on the process of court of law Hence wherther any chance to set aside that compromise order dated 19 -2 -2015 at this stage by submission of a delay condone petition
It is an appeallable order, hence an appeal can be preferred before high court.



f so in which court  we can approach. The H C also dismissed the appeal on the order on modification petition
High court.
T Kalaiselvan
Advocate, Vellore
21431 Answers
208 Consultations

5.0 on 5.0

What is the order passed by court? Without reading the court orders unable to give best advise
Nadeem Qureshi
Advocate, New Delhi
4187 Answers
169 Consultations

4.9 on 5.0

Ordinarily in child custody cases the order passed on compromise is not modified by the court unless some compelling reasons in favour of the modification sought are shown by the party. Since the court has refused to modify the order now the only legal remedy is to carry the matter in appeal to the higher court. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
539 Consultations

5.0 on 5.0

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