SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Vishnukumari D/O Hdmatsinh … vs Rajpalsinh Kesarisinh Chavda on 18 December, 2019

C/FA/4917/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/FIRST APPEAL NO. 4917 of 2018

VISHNUKUMARI D/O HDMATSINH CHAUHAN W/O RAJP ALSINH
KESARISINH CHAVDA
Versus
RAJPALSINH KESARISINH CHAVDA

Appearance:
HARSHADKUMAR D PANCHAL(9015) for the Appellant(s) No. 1
MR ANKIT B PANDYA(5906) for the Defendant(s) No. 1

CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
and
HONOURABLE MR.JUSTICE PARESH UPADHYAY

Date : 18/12/2019

ORAL ORDER

(PER : HONOURABLE MR.JUSTICE R.M.CHHAYA)

1. Vishnukumari D/o Hadmatsinh Chauhan, the appellant,
as well as the sole guardian of minor daughter Jiya
(7 years old) is present in person.

2. Heard Mr. Hardhadkumar D. Panchal, learned advocate
for the appellant and Mr. Narendra Jain, learned
advocate for Mr.Ankit Pandya, learned advocate for
the respondent.

3. The appellant as well as the learned advocate
appearing for the respondent have placed on record a
photocopy of the Deed of Compromise entered into
between the appellant and the respondent dated
04.12.2019 at Gandhinagar.

4. This Court has specifically inquired from the
appellant whether the Compromise Deed is entered
into willingly or not. The appellant has expressed

Page 1 of 3

Downloaded on : Thu Dec 19 01:26:13 IST 2019
C/FA/4917/2018 ORDER

before this Court that she has entered into the
Compromise Deed with full understanding. It was
also further informed by the appellant that two

demand drafts, one of Rs. 10,00,000/­ and another of
Rs. 10,51,000/­, drawn in her favour is received by
her today as per covenant VI of the Compromise Deed.

5. The appellant Vishnukumari shall be the sole
guardian of minor Jiya aged 7 years as provided
under Sectionsection 7 of the Guardians and SectionWards Act,
1890 for all purposes and as already provided in
covenant no.9 (II) of the Compromise Deed and
the respondent shall have no right of any type
as far as minor Jiya is concerned. The learned
advocate for the respondent, upon instructions,
states that the respondent has no objection if
the aforesaid observation is made by this Court
in addition to the Compromise Deed.

6. The parties to act in terms of the Deed of
Compromise, copy of which is placed on record.
The impugned judgment and decree stands modified
to the aforesaid extent. The original
Compromise Deed is perused by this Court and
returned back to the learned advocate for the
respondent.

7. The appeal is thus disposed of in the aforesaid
terms.

(R.M.CHHAYA, J)

(PARESH UPADHYAY, J)

Page 2 of 3

Downloaded on : Thu Dec 19 01:26:13 IST 2019
C/FA/4917/2018 ORDER

BIJOY B. PILLAI

Page 3 of 3

Downloaded on : Thu Dec 19 01:26:13 IST 2019

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation