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
