ASHA DEVI Vs. CHATURDAS

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) The appellant-wife has challenged the order passed by the High Court in which the divorce between the appellant and her husband was held to be void. The parties entered into a compromise and as per compromise the wife foregoes her right of maintenance instead to take the sons with her. The High Court held no divorce can be decreed based on compromise until it fall within four corners of law as required under the statute. Thus held such a compromise to be void. However, the High Court thereafter upheld another part of the compromise, namely, wife foregoes maintenance for taking the son with her.