Execution of compromise agreements is limited to the explicit terms in the decree; extrajudicial arrangements are unenforceable.

ORAL ORDER

Aggrieved by the orders passed on I.A.No.5 in Ex.P.181/2024 dated 19.04.2025 by the III Addl. Prl. Judge, Family Court, Bengaluru, the mother is before this court.

2. Both the parties are referred to as mother and father for the sake of convenience.

3. The father and the mother have initially entered into a compromise and thereafter the said compromise is modified. As per the said compromise Clause (a) to (f) are relevant for the purpose of this petition which are as follows:

a)The petitioner will relocate to the USA along with the four children and live with her parents for the present. The children will be admitted to Public school in Lexington, Public school district ares, Boston, Massachusetts.

b). The respondent will have daily access to the children over telephone/video call for at least one hour. Time and duration of such interaction will be decided upon by the parties depending upon the children's schedule. The petitioner will ensure such daily interaction if the respondent desires It. During the weekends, the duration of the call shall be for 2 hours each Lay. The respondent will provide one telephone/ instrument for such communication and pay the monthly charges for the same.

c). The children shall spend their entire/ part of school vacations with the respondent. In the event, the respondent is unable to travel to the USA to have the children's interim custody for any part of their vacations, he shall intimate the same to the petitioner at least one month prior to the commencement of the vacation to enable the petitioner to make alternate arrangements.

(d). If the respondent visits the USA, he shall have interim custody of the children during his stay in Lexington/Boston. He shall intimate the petitioner such visit at least one week prior.

(e).the event of the respondent relocating to Massachusetts, the agree to revert to joint physical custody and the children will live each parent for 3 ½ days or one week alternatively which shall ually be decided by the parties.

(f) Given the nature of the respondent's vocation, he has the opportunity travelling to various parts of the world for varied experiences which will be beneficial to any or all of the children. The petitioner and the respondent agree that the respondent shall have the right/ liberty to take any or all of the children on such trips even if it results in the child/children missing out on their regular schedule for some time, after mutual discussion/ deliberation, however subject to the concerned school/s granting permission/leave of absence.

4. It is the case of the father that as per the terms of the compromise, in the year 2022 the children came to India, in 2023 the father has travelled to the USA. In 2024, though he had made arrangements for travel from USA to India, the children and the mother have not come. In fact in between this period, as the mother got re-married, the elder son was not comfortable, he came to India to stay with the father. 5. Further, it is the submission of the father that for one year mother and the children came to India and the next year he had been to USA. Now the mother has failed to comply with the compromise petition and she has not come to India nor she has sent the children to India. Hence, he has filed a Execution Petition. It is also submitted that the mother having entered into a compromise has filed a petition in USA and sought for exclusive custody of the children and obtained an interim order whereby the mother was granted primary residence of the minor children and father to have supervise visitation of the minor children in USA.

6. The respondent/mother has raised objections with regard