LAW FOR ALL

No circumstance to compromise - court can not force them to compromise = That the pending cases between the petitioner and Col.Satish Chander, if gone into their details, cannot be withdrawn under the circumstances mentioned below:- (a) That the Bhiwani Family Court allowed the marriage expenses for Rs.4,00,000/- (Rupees four lacs) on 12.01.2015 in 2002/2012 in Sneh Lata Vs. Col.Satish Chander, the execution petition Exe/0000340/2015 is pending before Hon'ble Family Court, Bhiwani. Therefore at this stage of its execution how petitioner can be forced to withdraw the execution petition since all the expenses made by the petitioner for her daughter marriage was after obtaining the loans from relations and friends and the same is required to be paid back to them by the petitioner. (b) That the petitioner as well as Col.Satish Chander have filed appeal before this Hon'ble Court for increase of the grant of marriage expenses therefore, the same cannot be withdrawn as FAO No.3676 of 2015 and FAO No.4356 of 2015 are pending before this Hon'ble Court. (c) That the petitioner was granted maintenance on 06.3.2012 for Rs.20,000/- P.M., the petitioner has filed a suit under section 127 Crl.P.C. for enhancement of maintenance because it is not possible to live in a minimum required means by Award of Rs.20,000/- which includes her house rent also therefore, the same can not be withdrawn. (d) That the petitioner was left with no means by Col.Satish Chander when they both were residing at Flat No.4-C Sivsakti Apartment Plot No.10 Sec.10, Dwarka, New Delhi. Col.Satish Chander while deserting the petitioner took away his CSD Canteen Card, LPG Gas connection papers, ATM Card along with all the cheque books. Col.Satish Chander in collusion with the house owner got the electricity and water connection dis-connected specially when her daughter was appearing for M.Tech examination. Finally when the petitioner had gone out of flat and her daughter had gone to college, Col.Satish Chander got the house locked by the house owner by putting another lock over the lock of petitioner already put by the petitioner. The petitioner was not allowed to enter in the society premises of house thus her all belonging except the clothes she was wearing was under the control of house owner. This was done by help and advise of Col.Satish Chander, therefore, the petitioner filed a case for domestic violence against Col.Satish Chander which is on its final stage of hearing and can not be withdrawn it under any circumstances. (e) Therefore despite the facts mentioned above this Hon'ble Court has mentioned that both the parties undertake to withdraw the pending cases which was never agreed at all the endorsement made on this issue needs to be recalled by this Hon'ble Court.”= That this Hon'ble Court has committed grave error of law and facts while coming to the conclusion and passed the judgment dated 26.08.2015, which is apparently a legal error on the face of it which has resulted into a grave miscarriage of justice for the applicant and same is to be rectified by this Hon'ble Court by taking cognizance of the application and to meet the end of justice in furtherance of doing complete justice.” 8. The said application was taken up by the High court on 23.09.2015, when the High Court passed the following order :- “Heard. No ground is made out for recalling of the order dated 26.08.2015 passed by this Court. The application stands dismissed with special costs of Rs. 10,000/- to be paid to the High Court Legal Service Committee.” 9. Having regard to the averments made in the application for recall, it is fairly clear that it cannot be said that there is no ground made out for recalling the order dated 26.08.2015.= Since we propose to remit the review applications to the High Court, we refrain from making any further observation at this stage. The order dated 23.09.2015 is set aside and CRM No. 30993 of 2015 in C.R.R.(F) No. 151 of 2013 is remitted to the High Court.