Rama chary Rachakonda
(Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )
29 February 2020
The Indian courts and judiciary is no stranger to family disputes. Majority of the cases relate to disputes with regards to family property and its division. Thus, in order to solve such disputes the Indian courts have taken a very liberal and broad view with regards to the validity of the family settlement and have always tried to uphold it and maintain it. The central idea in the approach made by the courts is that if by valid consent of parties a matter has been settled, it should not be allowed to be re-opened by the parties to the agreement on frivolous or untenable grounds. Court described ‘family arrangement’ as a transaction between members of the same family for the benefit of the family so as to preserve the property, peace, and security of the family, avoidance of family dispute and litigation and for saving the honor of family. Such an arrangement is based on the assumption that there was an antecedent title in the parties and the agreement acknowledges and defines what title is.
