Gujarat High Court
Premprakash Ramnikbhai Vaghela vs Falguniben Premprakash Vaghela ... on 15 February, 2023
Bench: Vaibhavi D. Nanavati
C/FA/851/2020 ORDER DATED: 15/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 851 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 851 of 2020
==========================================================
PREMPRAKASH RAMNIKBHAI VAGHELA
Versus
FALGUNIBEN PREMPRAKASH VAGHELA D/O ARVINDBHAI RATHOD
==========================================================
Appearance:
MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the Appellant(s) No.
1
NIYANT R BHIMANI(8000) for the Appellant(s) No. 1
MR DIPEN K DAVE(3296) for the Defendant(s) No. 1
==========================================================
CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 15/02/2023
ORAL ORDER
1. Heard Mr. Maulik Nanavati, the learned advocate
appearing for Nanavati & Company for the appellant and Mr.
Sudham Dave, the learned advocate appearing for Mr. Dipen
K. Dave, the learned advocate appearing for the respondent.
2. The appellant herein being aggrieved and dissatisfied by
the judgment and decree dated 10.2.2020 passed by the
learned Principal Judge, Family Court, Junagadh in Family Suit
No.19 of 2019 has filed the present first appeal whereby the
suit preferred by the respondent - original plaintiff (mother)
seeking custody of minor daughter, namely, "Vipasanya" from
C/FA/851/2020 ORDER DATED: 15/02/2023
the appellant herein - original defendant (father) came to be
allowed. The said order dated 10.2.2020 read thus :-
"ORDER
The Family Suit No. 19/2019 is hereby allowed.
The defendant-father is hereby directed to handover the custody of
minor 'Vipasanya' to the plaintiff-mother within 15 days from the
date of this order.
The defendant-father is allowed to have right of visitation and
company ofminor Vipasanya on every Sunday between 11.00 A.M.
to 5.00 P.M.
Further, it is hereby directed that in case of any exigency or any
other unavoidable circumstances, if the plaintiff is unable to give
visitation right of minor to the defendant, the plaintiff shall inform
in advance to the defendant about such exigency and in lieu of
Sunday, the defendant is entitled to enjoy the right of visitation
and company of minor on other day by mutual consent.
No order as to costs."
3. While issuing notice in the present first appeal on
20.2.2020 the following order came to be passed by the
Coordinate Bench :-
C/FA/851/2020 ORDER DATED: 15/02/2023
"It is requested that the custody of the child which is ordered
to be given to the mother may not be disturbed during
academic year which will end after March 2020.
Issue Notice returnable on 19.03.2020.
Meanwhile, until the expiry of the academic year of the
minor, her custody should not be disturbed.
The above order is passed at this stage only on the above
consideration without entering into the merits of the case.
Direct service is permitted."
4. In view of the aforesaid order passed by this Court dated
20.2.2020 the custody of minor daughter "Vipasanya" was
retained with the appellant herein. The respondent - original
plaintiff i.e. Falguniben Premprakash Vaghela preferred
Execution Application being Family Darkhast No.2 of 2020
before the learned Family Court wherein it is jointly stated by
the learned advocates appearing for the respective parties that
settlement has been arrived at between the parties amicably
and custody of the minor daughter "Vipasanya" has been
given to her father appellant herein - original defendant.
Placing reliance on order passed below Ex.1 dated 11.2.2023
the learned advocates submitted jointly that the parties have
C/FA/851/2020 ORDER DATED: 15/02/2023
settled the dispute amicably outside the Court wherein the
custody of the minor daughter "Vipasanya" is to be retained
by the appellant herein - original defendant i.e. father of
"Vipasanya".
5. In view of the aforesaid settlement the said Family
Darkhast No.2 of 2020 came to be withdrawn. The said order
passed below Ex.1 dated 11.2.2023 is duly produced on record
which reads thus :-
" : Order under Exhibit-1 :
A withdraw pursis vide Exhibit-29 has been submitted
for the plaintiff / applicant and it has been stated that, a
settlement has been reached between the parties amicably and
a custody of the minor daughter has been given to her father
- the defendant and therefore, she is willingly withdrawing
the present application. Thus, considering the withdrawal
pursis, the said application is disposed of in Lok Adalat by
passing an order under Exhibit-1.
Order pronounced under my signature in the open court
at Junagadh today on this 11th day of February, 2023.
6. Considering the aforesaid, without opining on the merits
of the matter and in view of the settlement arrived at between
the parties the order impugned dated 10.2.2020 passed in
Family Suit No.19 of 2019 is accordingly quashed and set
C/FA/851/2020 ORDER DATED: 15/02/2023
aside.
7. In view of above, the present first appeal is allowed in
terms of the settlement arrived at between the parties. Registry
is directed to draw decree accordingly. In view of the order
passed in the first appeal, the civil application stands disposed
of.
(VAIBHAVI D. NANAVATI,J)
K.K. SAIYED
