Law: Code Of Civil Procedure, 1908.

Section: 115, 4

Law: Contract Act, 1872

Section: 16, 19, 74

Tagline

Enforceability of Matrimonial Settlements and Moulding of Decrees: A written family compromise agreement cannot be invalidated on vague claims of undue influence when its execution is admitted, and the court can mould the decretal amount to adjust for currency depreciation to prevent the defaulting party from benefiting from long-term litigation.

Summary

The petitioner, Mst. Sanam Shahzadi, sued her husband, Muhammad Anwar (the respondent), seeking the recovery of Rs. 2,500,000 as penalty/compensation for breach of a matrimonial compromise agreement dated 07.10.2010. Under the agreement, the respondent undertook to pay monthly maintenance, construct a house on land gifted to their minor son, and provide a separate residence within three months, failing which he would pay the penalty. The respondent filed a cross-suit seeking cancellation of the agreement, claiming he signed it under undue influence.

The trial court decreed the petitioner’s suit and dismissed the respondent’s, but the Additional District Judge, Sialkot, reversed the decision. The petitioner challenged the appellate judgment before the High Court in a civil revision under Section 115 of the CPC.