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 [deleted] 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.