Gujarat High Court
Kesha Keval Ponkiya D/O Katikkumar ... vs Keval Narsinhbhai Ponkiya on 7 July, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/4577/2024 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4577 of 2024
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2024
In
R/FIRST APPEAL NO. 4577 of 2024
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KESHA KEVAL PONKIYA D/O KATIKKUMAR PATEL
Versus
KEVAL NARSINHBHAI PONKIYA
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Appearance:
A S TIMBALIA(7372) for the Appellant(s) No. 1
NOTICE SERVED for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 07/07/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE) The present appeal is filed by the appellant-wife challenging judgment and decree dated 22.11.2024 passed by the Judge, Family Court No.6, Ahmedabad in Family Suit No.406 of 2023. By the said judgment and decree, the Family Court directed to dissolve the marriage between the appellant and the respondents.
Notice was issued on 04.03.2025 returnable on 21.04.2025. Today, when the matter is taken up for hearing, learned Advocate for the appellant submitted that the matter is amicably settled between the parties and an MoU is executed between the parties. Mr.Keval Narsinhbhai Ponkiya-respondent- Page 1 of 2 Uploaded by SHITOLE MANISH P.(HC00188) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:26:38 IST 2025
NEUTRAL CITATION C/FA/4577/2024 ORDER DATED: 07/07/2025 undefined husband is present in the Court and admits to execution of MoU between the parties.
In the MoU, it is inter alia agreed between the parties that as the appellant-wife is to go to Canada, custody of son Drishiv would be with the respondent-father herein and till the appellant- wife gets settled in Canada, there would be joint custody of son Drishiv with the respondent-husband and the family of the appellant-wife and as and when the appellant-wife comes to India, the respondent-husband would give joint custody of son Drishiv to the appellant-wife.
In view of the amicable settlement of the matter between the parties, learned Advocate for the appellant seeks permission to withdraw this appeal. Permission is granted. The appeal stands disposed of as withdrawn. The parties are directed to abide by terms of MoU. Notice is discharged. No order as to costs.
In view of the order passed in the main appeal, Civil Application does not survive. Disposed of accordingly.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 2 of 2 Uploaded by SHITOLE MANISH P.(HC00188) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:26:38 IST 2025