Gujarat High Court
Rakeshbhai Babubhai Barot vs Swati D/O Gunvantbhai Barot And W/O ... on 10 September, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/FA/2606/2025 ORDER DATED: 10/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2606 of 2025
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RAKESHBHAI BABUBHAI BAROT
Versus
SWATI D/O GUNVANTBHAI BAROT AND W/O RAKESHBHAI BABUBHAI
BAROT
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Appearance:
MR NIRAV C THAKKAR(2206) for the Appellant(s) No. 1
MR RAXIT J DHOLAKIA(3709) 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 : 10/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. The present appeal is filed by the appellant-husband against judgment and decree dated 01.12.2023 passed by the Principal Judge, Family Court, Anand in Civil Misc.Application No.25 of 2021. The matter pertains to custody of minor children, i.e. son and daughter.
2. Notice was issued on 01.08.2025 returnable on 11.08.2025. The Court, while issuing notice, recorded that the notice is issued for the limited purpose of providing for the visitation rights as apparently, there does not appear to be any error in the impugned judgment and decree with regard to custody. Page 1 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:54:55 IST 2025
NEUTRAL CITATION C/FA/2606/2025 ORDER DATED: 10/09/2025 undefined
3. Today when the matter is taken up for hearing, learned Advocate for the parties reported that the matter is amicably settled between the parties so far as visitation rights are concerned and in this regard, both, the appellant-husband and the respondent- wife have executed terms of settlement, wherein it is stated as under:-
"2. I say and submit that I am the Appellant herein and I am well aware with the facts of the case and therefore I am in position to file present affidavit. I further say and submit that I have gone through the memo of Appeal and the Judgment of Family Court, Anand, annexed with the memo of Appeal. I wish to settle the dispute amicably so far as it relates to the visitation rights of the Appellant herein in the best interests of minor children. I further say and submit that the other proceedings initiated by the parties may be decided on its own merits and this settlement is only for allowing me herein to visit minor children in the interest of both minor children.
"3. Therefore, in consideration of the mutual covenants and agreements about the visitation rights of their children, hereby agree to the following terms of settlement:
A) The Appellant shall be allowed to meet their children on each Sunday in week from 10:00 am to 6:00 pm. Page 2 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:54:55 IST 2025 NEUTRAL CITATION C/FA/2606/2025 ORDER DATED: 10/09/2025 undefined B) The appellant shall be allowed to stay their children for a week during the summer vacation.
Both parties have liberty to decide the extension of that stay in case of the arrangement of any trip. camping, outing or any other traveling. C) This above mention conditioned the amicable settlement has taken place between the parties. The settlement comes with free consent and full consideration of the parties. There is no pressure on my side to reach this settlement and no temptation is given. This settlement is made with full independent content. Hence I abide by this settlement and I will fulfill all conditions of this settlement without fail."
4. In view of the amicable settlement arrived at between the parties with regard to visitation rights, no further orders are required to be passed in the matter. The impugned judgment and decree dated 01.12.2023 is not interfered with in any manner, except in terms of settlement terms. The parties are directed to abide by terms of settlement terms. The appeal stands disposed of accordingly.
(A.Y. KOGJE, J) (NSSG,J) SHITOLE Page 3 of 3 Uploaded by SHITOLE MANISH P.(HC00188) on Thu Sep 11 2025 Downloaded on : Thu Sep 11 22:54:55 IST 2025