Record revealed that wife/mother got her statement recorded before the Executing Court to the effect that she had patched up.............

 2018 YLR 2653

Record revealed that wife/mother got her statement recorded before the Executing Court to the effect that she had patched up the matter and had agreed to live with the husband, however, she specifically stated in her statement that judgment debtor had not paid any amount to her on account of decree passed by the Family Court and she reserved her right to receive the maintenance allowance in terms of decree and for the time being she did not want to pursue the matter and file be consigned. Order of the Executing Court, to the extent of dismissing the execution petition as withdrawn on the basis of compromise was erroneous and did not depict the actual position pertaining to the facts of the case. Executing Court was required to pass an order in terms of statement of parties but it omitted to do so and added the words dismissed as withdrawn. Although presumption of correctness was attached to the judicial acts but such presumption was rebuttable and party could point out defect in the judicial record. Where Court had omitted to pass an order in the manner prescribed by law then the parties could not be penalized for such act or omission of the Court. Decree for maintenance allowance was based on recurring cause of action and the rights of the minors were involved whose execution petition could not even be withdrawn by their mother unless it was established on the record that the withdrawal of execution petition was for the benefit of the minors. Appellate Court had cured the defect and High Court ordinarily did not interfere in the order passed by the Court below which had cured illegality.