JOSEPH ALIAS GEORGE Vs. MARY ALIAS PRIYA THOMAS

JUDGEMENT

(1.) CAN there be a settlement of a claim under Sec. 125 Cr. P. C. before the counsellor of the Family Court? Is the Family Court justified in accepting and acting upon such report of the Counsellor? these are the questions strenuously raised by the learned counsel for the petitioner in this revision petition at the stage of admission.

(2.) FUNDAMENTAL facts are not disputed. Marriage is admitted. Paternity is not in dispute. That the spouses are residing separately is also not disputed. Separate residence, according to the petitioner, started on 8-12-2003. The claim for maintenance was filed by the claimants-wife and child, on 16-3-2007. Parties were referred to Counsellor and the Counsellor made attempts to settle the dispute. On 10-10-2007 there allegedly was a settlement before the Counsellor. The counsellor recorded that settlement, countersigned the same and along with a report submitted the same to the learned Judge of the Family Court. In such settlement, it was recorded that an amount of Rs. 750 per mensem each shall be paid by the petitioner to both the claimants-his wife and child. Such payment was agreed to be made from the date of the petition. It was also agreed that the petitioner shall send the amount by money order to the 1st claimant/wife before the 15th of every month from November, 2007. It is accepting and acting upon the said settlement arrived at before the Counsellor and reported to the court by the Counsellor after due counter-signature that the learned Judge of the family Court proceeded to pass the impugned order.

(3.) THE petitioner claims to be aggrieved by the impugned order. What is the grievance? The signature in the agreement is not disputed. It is contended that such a settlement before the Counsellor is of no legal effect or value. The learned Judge of the Family Court should not have accepted and acted upon such settlement. In these circumstances, it is prayed that the impugned order may be set aside and this revision petition may be allowed.