Applicant is entitled to get enhanced maintenance even though maintenance was fixed by compromise decree
Raja Kumara Venkata Perumal v. Thatha Ramaswamy Chetty, ILR 35 Mad 75, where the learned Judges pointed out that, although a contract was the basis of any compromise decree, the decree which superseded such contract could not be regarded as a mere contract, as such a decree would have a sanction far higher than an agreement between the parties. But that does not and cannot mean that a compromise decree is not a decree at all. That decision only recognises the familiar principle that, if an agreement between the parties were to be adopted by a Court and passed into the realm of a judgment of the Court, it acquires all the solemnity of a judicial pronouncement and will be binding upon the parties thereafter, and, if the decree so says, will be executable as such. But even otherwise it is a well-accepted proposition that a compromise decree partakes the character of an agreement in certain respects, and the character of a decree in regard to its finality and executability, etc. It can perhaps be said that the award of maintenance under the decree was not the result of any decision by the Court; it was the result of a contractual agreement between the parties, which was adopted by the Court for the purpose of making it executable at the instance of the maintenance holder. Such a case will be one where the maintenance is fixed by a decree of Court, though basis of it was an agreement. It will come directly under Section 25. We are therefore in entire agreement with the learned Judge in holding that the respondent will be entitled to have an enhancement of maintenance, once she proves that there has been a material change in the circumstances justifying the enhancement.
Madras High Court
Seshi Ammal And Anr. vs Thaiyu Ammal on 17 April, 1963
Equivalent citations: AIR 1964 Mad 217
