Pallaviben Ramanbhai Patel vs Kamleshbhai Govindbhai Patel
2023 Latest Caselaw 739 Guj

       C/FA/223/2022                                   ORDER DATED: 30/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 223 of 2022
                                    With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
                      In R/FIRST APPEAL NO. 223 of 2022
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                         PALLAVIBEN RAMANBHAI PATEL
                                    Versus
                        KAMLESHBHAI GOVINDBHAI PATEL
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Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
MS KHUSHBU P VYAS(7040) for the Appellant(s) No. 1
MR. MN MARFATIA(6930) for the Defendant(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
           and
           HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                                Date : 30/01/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1. By way of present appeal under Section 47 of the Guardians and Wards Act read with Section 19 of the Family Courts Act, the original applicant has challenged the judgment and order dated 22.07.2021 passed by the Principal Judge, Family Court, Gandhinagar in Civil Misc. Application No.6 of 2021, by which original applicant was permitted to meet the child on 2nd and 4th Sunday of each calendar month for the two hours i.e. 11:00 hrs to 13:00 hrs. in a day time.

2. During the pendency of present appeal, the matter was referred for mediation. The parties appeared before the Mediator and entered into Memorandum of Understanding

C/FA/223/2022 ORDER DATED: 30/01/2023

before the Mediator. As far as custody of the child is concerned, it is handed over to the respondent and appellant is permitted to meet her child. The permanent alimony has also been paid by the husband. The report of Mediator dated 28.11.2022 along with Memorandum of Understanding is produced on record.

3. Today, parties have remained present before this Court. Both of them have stated that Memorandum of Understanding has been agreed upon before the Mediator and accordingly they shall file an application under Section 13B of the Hindu Marriage Act before the Family Court, Gandhinagar. They have agreed that all other proceedings shall come to an end.

4. In view of above progress, nothing survives in the the appeal. Hence appeal is disposed of.

5. In view of disposal of main First Appeal, Civil Application does not survive and disposed of accordingly.

(A.J.DESAI, J)

(RAJENDRA M. SAREEN,J) DRASHTI K. SHUKLA