Dinesh Soni vs Smt. Simran on 10 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B. Civil Misc. Appeal No. 538 / 2017

Dinesh Soni S/o Shri Satyanaryan Soni, Aged About 33 Years, R/o
11, Ganesh Ghati, Ganga Gali, Udaipur (Raj.).

—-Appellant

Versus

Smt. Simran W/o Shri Dinesh Soni, Aged About 32 Years, R/o
303, E- Block, Swarkapuri, Hiran Magari, Sector No. 14,
Goverdhan Vilas, Udaipur (Raj.).

—-Respondent

__

For Appellant(s) : Mr. Anuj Sahlot.

For Respondent(s) : Mr. Anil Vyas.
__

HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS

HON’BLE MR. JUSTICE VINIT KUMAR MATHUR

JUDGMENT
10/01/2018

BY THE COURT:

The instant misc. appeal under Section 19 of the Family

Court Act, 1984 r/w Section 47 of the Guardians and Wards Act,

1890 has been filed by appellant- Dinesh Soni, against the

judgment and decree dated 28.09.2016 passed by learned Judge,

Family Court whereby petition filed by the appellant u/s 7 and 25

of the Guardians Wards Act claiming custody of child was

rejected.

In the instant appeal, the parties to the proceedings were

relegated to the Mediation Centre of this Court for amicable
(2 of 2)
[CMA-538/2017]

settlement of the dispute by this Court vide order dated

08.11.2017. Thereafter mediation was held at Mediation Centre

attached to this Court on 01.12.2017, wherein after holding

mediation, the learned Mediator sent the following report to this

Court, which reads as under: –

“Appellant husband is not present for mediation but his
lawyer Mr. Anuj Sahlot submitted that he is authorized to take any
decision on behalf of his client.

Wife along with her lawyer present for mediation. In
presence of both the lawyers and the non-petitioner wife
negotiation took place. Since the matter pertains to the custody of
child who is present in person before mediation.

Both the lawyers and wife decided to settle it amicably. The
wife agreed upon that the son will visit his father’s house on every
Sunday and for two days in every vacation. Father is allowed to
take the child along with him. Unless and until there is any hurdle
to execute the settlement both the parties shall follow the
compromise.

In the light of the above compromise, the matter is referred
back to the Hon’ble Court for further proceedings.

Sd/- Sd/- Sd/- Sd/-

Anul Sahlot Simran Anil Vyas Dr. Pramila Acharya.”

The report of the learned Mediator dated 01.12.2017 is

hereby taken on record.

Accordingly and in view of above compromise arrived at

between the parties, the present appeal is disposed of in the same

terms.

(VINIT KUMAR MATHUR) J. (GOPAL KRISHAN VYAS) J.

DJ/- 50

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