GOPAKUMAR Vs. SUNITHA GOPAKUMAR

JUDGEMENT

(1.) The appellant and the respondent are the judgment debtor and decree holder respectively in E.P.No.23/2019 in O.P.No. 575/2014 on the files of the Family Court, Mavelikara. They are husband and wife respectively. This appeal is filed challenging the order passed by the Family court rejecting the challenge against maintainability of the execution petition, holding that the compromise decree passed in O.P.No.575/2014 is an enforceable one.

(2.) The respondent filed O.P.No.575/2014 seeking a decree for return of money and gold ornaments from the appellant herein. The matter in dispute Mat.Appeal.No.208 OF 2020 had been settled by way of compromise agreement, which culminated into a compromise decree accordingly. The compromise agreement consists of five clauses. As per the first clause, both parties agreed to maintain their marital relationship. As per the second clause, the appellant agreed to assign 12 cents of his property to his children. As per the third and fourth clauses, the respondent herein agreed to withdraw her claim under the Domestic Violence Act and the claim for return of money and gold ornaments. As per the fifth clause, the respondent will not obstruct the appellant's right to meet the children.

(3.) Thereafter the respondent filed E.P.No.23/2019 to enforce the execution of the assignment deed in favour of the children as promised by the appellant under clause (ii). The appellant entered appearance and filed an objection contending as follows: