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2000 Supreme(All) 358

B.K.ROY, LAKSHMI BIHARI
NEERA SAXENA – Appellant
Versus
SANJIV KUMAR SAXENA – Respondent


Advocates Appeared:
PRAKASH KRISHNA

BINOD KUMAR ROY, LAKSHMI BIHARI, JJ.


( 1 ) HEARD. The destitute wife is the appellant. She has filed this appeal under Section 19 (1) of the family Courts Act. 1984 (hereinafter referred to as the Act) assailing the validity of the order dated 30th January, 2000 passed by Sri S. C. Bose, Judge, Family Court. Moradabad, disposing of Family Case No. 596 of 1999 in terms of compromise alleging, inter alia, that neither the case nor was the compromise filed by her and that her husband has played fraud on Court.

( 2 ) THE office has raised an objection to the maintainability of this appeal on the ground that since the order is a consent one, therefore, under Section 19 (2) of the Act, an appeal does not lie.

( 3 ) SRI Prakash Krishna, learned counsel for the appellant contests the correctness of the report of the Stamp Reporter by placing reliance on two Judgments-one of the Supreme Court and another of a learned single Judge of this Court.

( 4 ) THE Judgment of the learned single Judge of this Court in Smt. Kamla Devi v. Rajendra Pal singh, AIR 1972 All 338, shows that when there was nothing in the compromise decree to show that the grounds mentioned in Sections 10 and 13 of the Hindu










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