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C. M. POONACHA
M. Munikrishna @ Babu S/o Shri Muniyuappa – Appellant
Versus
S. Shanthakumari W/o M. Munikrishna – Respondent
ORDER :
1. This Writ Petition is filed seeking the following reliefs:
2. Brief facts of the case are as follows:
The obligation to approach the court with clean hands and the need for a blemishless conduct when seeking extraordinary relief.
The settlement agreement and decree of divorce based on the settlement are valid and enforceable, unless there is evidence of fraud or coercion.
Memorandum of Settlement – Once issue is settled before Court and after Court recording settlement of parties, merely because respondent re-marries, petitioner cannot be seen to call in question sett....
Point of Law : Offences by companies - Cheque dishonoured - Mediation settlement - It is settled law and even otherwise settlement of Mediation Cell is deemed to be a decree and cannot be challenged.
Mediation cannot be imposed on unwilling party in family disputes without mutual consent and realistic settlement possibility, aligning with legislative intent in amended CPC Section 89 and Mediation....
A judgment obtained by playing fraud on the court is a nullity and non est in the eyes of the law.
Parties can voluntarily arrive at a settlement even if they are not parties to the civil suit, and a valid Settlement Agreement will be binding on the parties.
The main legal point established in the judgment is that the original Petitioner's conduct amounted to an abuse of the due process of law, and the filing of the Writ Petition challenging the compromi....
Interim orders may merge with final orders unless expressly modified; recorded courtroom observations are sacrosanct and can be challenged for expungement in the appropriate court.
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