The High Court allowed the condonation of delay in filing an appeal. The appeal challenging a Family Court compromise decree on grounds of forgery was dismissed, with liberty to approach the competent Family Court for examination.
The appeal is dismissed with liberty to the appellant to approach the competent family court.
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Court No. - 34
Case :- FIRST APPEAL DEFECTIVE No. - 276 of 2020
Appellant :- Smt. Sunita Respondent :- Satyabhan Counsel for Appellant :- Santosh Kumar Shukla
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
Civil Misc. Delay Condonation Application No. 3 of 2020
The delay in filing the appeal has been sufficiently explained to the satisfaction of the Court.
The delay condonation application is allowed and the delay in filing the appeal is hereby condoned. The appeal be treated to have been filed in time.
Order on Appeal
Heard learned counsel for the appellant.
The compromise decree dated 19.1.2014 passed by the Principal Judge, Family Court is sought to be challenged by means of the present appeal on the ground that the compromise was an outcome of a forgery made by the respondent. Neither the appellant had put her signature on the compromise nor provided any photograph to the respondent for the purpose.
The submission of the learned counsel for the appellant is that the appellant was not aware of the mutual decree of divorce and she has been duped by the respondent.
Be that as it may, at the first the plea of forgery made in entering into a compromise and getting the decree dated 19.1.2014 is required to be examined by the court wherein the compromise had been entered into. It is, therefore, kept open for the appellant to move a proper application before the family court concerned which has passed the decree.
The appeal is, accordingly, dismissed with liberty to the appellant to approach the competent family court.
Order Date :- 11.11.2020 A. V. Singh
2 issues framed by the court
Whether to condone the delay in filing the appeal against the compromise decree.
Whether the plea of forgery of the compromise decree should be examined in this appeal or before the Family Court.
Smt. Sunita
Satyabhan
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
