Mandeepkaur Irpindersingh ... vs Irpindersingh Gurudevsingh ...
2022 Latest Caselaw 9669 Guj

       C/FA/4127/2021                             ORDER DATED: 17/11/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 4127 of 2021
                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                     In R/FIRST APPEAL NO. 4127 of 2021
==========================================================
                 MANDEEPKAUR IRPINDERSINGH AHLUWALIA
                                Versus
                IRPINDERSINGH GURUDEVSINGH AHLUWALIA
==========================================================
Appearance:
S A CHHABARIA(7740) for the Appellant(s) No. 1
AADITYA D BHATT(8580) for the Defendant(s) No. 1
CHANDNI S JOSHI(9490) for the Defendant(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                             Date : 17/11/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

The present First Appeal arises out of judgment and order dated 2nd December, 2021 of learned Judge, Family Court at Ahmedabd in Civil Misc. Application No. 130 of 2014, which was an application under the provisions of the Guardians and Wards Act, 1890 filed by the father seeking custody of minor son named Ashmeetsingh.

2. When the appeal came up for consideration today, learned advocate S. A. Chhabariya for the appellant wife as well as learned advocate Mr. Aaditya Bhatt with laerned advocate Ms. Niyati Brahmbhatt for the respondent husband jointly stated that an agreement has been arrived at between the parties in relation to the custody aspect of the child. They further submitted that the affidavit made to that extent is in

C/FA/4127/2021 ORDER DATED: 17/11/2022

form of consent terms. The said affidavit dated 17.11.2022 is taken on record.

3. In the consent terms, it was inter alia stated as under,

"2.......both the parties in the present appeal have arrived at an amicable settlement and in view thereof, the Appellant wife in present appeal has consented to Quashing of the FIR No. 3064/2017 dated 03.03.2017, FIR No. 159/2014 dated 4.6.2014 and Criminal Misc. Application (J)2200022/2015 dated 20.01.2015 and whereas the respondent husband has agreed to retention of the custody of the minor son with the appellate wife.

3. That both the parties herein have also wilfully agreed to other detailed terms and conditions as mentioned in the consent Divorce Petition bearing No. HMP 2723/2021 filed under section 13B by both the parties of the present appeal.

4. Therefore, in view thereof, I the respondent father give consent to Custody of minor son Ashmeet Singh being given to mother without any objection."

4. Learned advocate for the appellant wife stated that the custody of the minor child is now with the wife.

5. In light of the consent terms whereby the custody is handed over to the appellant, the appeal succeeds. The impugned order shall stand replaced by the consent terms. Civil Application also stands disposed of.

                                                             (N.V.ANJARIA, J)



                                                     (SANDEEP N. BHATT,J)





        C/FA/4127/2021                 ORDER DATED: 17/11/2022




C.M. JOSHI