Kesha Keval Ponkiya D/O Katikkumar ... vs Keval Narsinhbhai Ponkiya
2025 Latest Caselaw 650 Guj

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

                       =======================================================================
                                        KESHA KEVAL PONKIYA D/O KATIKKUMAR PATEL
                                                                 Versus
                                                   KEVAL NARSINHBHAI PONKIYA
                       =======================================================================
                       Appearance:
                       A S TIMBALIA(7372) for the Appellant(s) No. 1
                       NOTICE SERVED for the Defendant(s) No. 1
                       =======================================================================

                            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-

NEUTRAL CITATION

C/FA/4577/2024 ORDER DATED: 07/07/2025

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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