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.
NEUTRAL CITATION
C/FA/2606/2025 ORDER DATED: 10/09/2025
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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.
NEUTRAL CITATION
C/FA/2606/2025 ORDER DATED: 10/09/2025
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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
