Duty of the court to safeguard the interest of the minors

18. Similarly, in “Salahuddin Vs. Mst. Zohra Begum and 6 others” (2008 CLC 75) Sind High Court at Karachi held as under: - 

“It is duty of the court to safeguard the interest of the minors. Rule 7 CPC prohibits any agreement or compromise without the express leave of the court. In Sindh provision of Order XXXII, Rule 7(IA) laid down a detailed procedure. Before entering into compromise the leave of the court is necessary which is lacking in the matter. The compromise decree was passed without protecting the interest of minors and they were deprived from the valuable properties owned by their late father.” 

It is clear from the above that before entering into a compromise, petitioners’ mother was required to obtain permission from the Guardian Court which had not been obtained by her, therefore, that was not a valid compromise and petitioners were not bound by the same.

Part of Judgment : 

IN THE LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT

WP- Family Law
2406-10

2014 LHC 5377