ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

1. This appeal has been filed by the appellant challenging the order dated 02.01.2023 passed in CMA No. 38 of 2020 by the Family Court at Surat.

2. Apparently, by the order under challenge, though the custody of the children – Aarush and Pratik were rejected on an application filed by the respondent mother, the operative portion of the order indicates that the calling and visitation rights were given to the respondent mother.

3. The respondent mother is present in the court today.

Ms. Hetal Kosambiya, learned advocate appearing for the respondent mother has placed an affidavit on record by which the respondent states that she is waiving her rights qua permanent custody and guardianship of the minor children Aarush and Pratik. This is in light of the settlement arrived at between the parties and she voluntarily foregoes such rights of calling and visiting her children as granted by the Family Court, Surat and which order is the subject matter of challenge in this appeal by the appellant father.

4. The affidavit of the respondent reads as under:

“… I had filed an application bearing