Custody consent orders between parents may stand if they protect the minor's welfare and are not void for lack of separate sanction.

In custody disputes between major parents, a consent arrangement may be upheld if the Court is satisfied that it serves the welfare of the minor. The compromise is not invalid merely because no separate express sanction was recorded in the manner contemplated by Order XXXII, Rule 7 of the Code of Civil Procedure, 1908. A custody order is not an order in rem and remains subject to variation if circumstances change. Once the Court passes an order in terms of signed consent terms, it can be set aside only on grounds that would invalidate the compromise itself.

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Issues: Whether the consent order passed in a guardianship and custody matter could be set aside at the request of one party on the ground that no express sanction was recorded and that the compromise was not binding.

Analysis: In custody matters involving minors, the Court must satisfy itself that any consent arrangement is for the welfare of the minor. However, where the contest is between two major parents over custody, the compromise is not rendered invalid merely because no express sanction was recorded in the same manner as under Order XXXII, Rule 7 of the Code of Civil Procedure, 1908. A custody order is not an order in rem affecting status, but an arrangement subject to variation if circumstances change, and parties may lawfully enter into consent terms on custody. Once the Court has passed an order in terms of the signed consent terms, such an order can be set aside only on grounds that would invalidate an agreement itself.

Conclusion: The request to set aside the consent order was rejected.

Final Conclusion: The compromise custody order remained in force, subject only to the short stay granted on its operation.

Ratio Decidendi: In a custody dispute between major parents, a consent order may be sustained if the Court is satisfied that it serves the welfare of the minor, and it cannot be rescinded merely because no express sanction was separately recorded, absent grounds that would invalidate the compromise itself.

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