Law: Family Courts Act, 1964

Section: 13

Family Courts Act (XXXV of 1964)--- ----S. 13---Maintenance allowance of wife and minors---Execution proceedings---Parties, earlier, entered into compromise and the Court dismissed execution petition as withdrawn in the wake of statement made by wife/mother/decree-holder---Omission of the Court in inferring statement of party (decree-holder) in true perspective---Effect---Presumption of correctness attached to the judicial acts---Scope--- Petitioner/ -debtor contended that Executing Court had rightly dismissed respondents' application for restoration of execution petition as earlier execution petition was dismissed as withdrawn---Respondents/decree-holders contended that Appellate Court had rightly allowed appeal preferred by them as wife/mother actually stated to consign the execution petition and not to withdraw the same---Respondents submitted that -debtor did not abide by the compromise---Validity---Record revealed that wife/mother got her statement recorded before the Executing Court to the effect that she had patched up the matter and had agreed to live with the husband, however, she specifically stated in her statement that debtor had not paid any amount to her on account of decree passed by the Family Court and she reserved her right to receive the maintenance allowance in terms of decree and for the time being she did not want to pursue the matter and file be consigned---Once an execution petition was withdrawn, the same could not be restored, although the decree holder could file second execution petition for execution of decree depending upon the circumstances; however, in the present case, it was to be seen, whether wife had withdrawn execution petition or not---Order of the Executing Court, to the extent of "dismissing the execution petition as withdrawn " on the basis of compromise was erroneous and did not depict the actual position pertaining to the facts of the case---Executing Court was required to pass an order in terms of statement of parties but it omitted to do so and added the words dismissed as withdrawn---Although presumption of correctness was attached to the judicial acts but such presumption was rebuttable and party could point out…

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