SANDHYA ROSE Vs. SHAN GEORGE

JUDGEMENT

(1.) The petitioner is invoking the supervisory jurisdiction vested on this court under Art. 227 of the Constitution of India to set aside Ext.P14 order passed by the Family Court, Irinjalakkuda in I.A.No.1886/2016 in O.P.No.469/2012, dated 10.7.2018. Through the impugned order, an application filed by the petitioner seeking for recalling the decree passed by the Family Court in O.P.No.469/2012, was dismissed.

(2.) Brief history of the case is that; there existed matrimonial disputes between the petitioner and the respondent. The petitioner filed O.P. No.469/2012 before the Family Court seeking for realisation of an amount of Rs. 15,00,000.00 along with interest from the respondent. She had also filed another case seeking for dissolution of the marriage, as

(3.) During pendency of the above said cases, the parties have arrived at a settlement in 3 cases, in O.P. Nos.469/20121081/2012 and M.C.No.149/201 As per the terms of compromise, O.P.No.1081/2012 was dismissed as withdrawn. M.C.No.149/2013 was dismissed by recording the satisfaction, on the payment of Rs. 5,00,000.00 towards maintenance. O.P.No.469/2012 was decreed based on a joint statement filed by both parties. The judgment passed by the Family Court in O.P.No.469/2012 was subjected to challenge before this court at the instance of the petitioner herein, in Mat. Appeal No.683/2015. But this court dismissed the appeal on finding that an appeal is not maintainable, because no appeal can be filed against a decree passed based on consent of the parties. While dismissing the said appeal through Ext.P2 judgment, this court made it clear that, the parties will be at liberty to approach the court which passed the decree in order to seek appropriate remedy, to the extent permissible under law.