2025 Supreme(Online)(Guj) 11815
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, NMT
PRIYANKA KSHITIJKUMAR D/O RAJAN MUKESHLAL – Appellant
Versus
KSHITIJKUMAR SATISHBHAI BANKER – Respondent
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4890 of 2023 With CIVIL APPLICATION (FOR STAY) NO. 2 of 2023 In R/FIRST APPEAL NO. 4890 of 2023 ======================================
PRIYANKA KSHITIJKUMAR D/O RAJAN MUKESHLAL Versus KSHITIJKUMAR SATISHBHAI BANKER ======================================
Appearance:
MR ARJUN M JOSHI(11247) for the Appellant(s) No. 1 MR HITESH L GUPTA(3937) for the Defendant(s) No. 1 MR NAYAN L GUPTA(11798) for the Defendant(s) No. 1 ====================================== CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 16/10/2025
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
By way of the captioned appeal, the appellant, has challenged the order dated 22nd December, 2022 passed by the learned Family Court, Baroda below Exh.1 in Family Suit no.1 of 2022.
2. Today, the learned advocates have tendered separate affidavits of the appellant and the respondent dated 14th October, 2025 and 13th October, 2025 respectively. Discernibly, the parties have amicably resolved the differences and arrived at a settlement, copy duly signed is annexed together with the affidavit of the appellant. The appellant has filed affidavit dated 14th October, 2025, relevant paras of which, read thus:
“1. I am the appellant of this appeal. This appeal has been filed to challenge the order dated 22.12.2022 passed in Family Suit no.1 of 2022 by the Family Court, Vadodara. I state that I am filing this affidavit for the limited purpose of bringing on record Consent Terms dated 08.09.2025, by which the parties to this appeal have resolved to settle their disputes amicably.
2. I state that during the pendency of the present First Appeal before this Hon’ble Court, the parties, through mediation, have amicably resolved their differences and arrived at a settlement. The settlement agreement have been duly accepted by both the parties and thus are reduced into writing in the form of Consent Terms dated 08.09.2025. A copy of the consent terms dated 08.09.2025 is annexed and marked as ANNEXURE – A.
3. I state that the said Consent Terms have been entered into by the parties voluntarily, without any coercion or undue influence, and the same are being filed, by both the parties, before this Hon’ble Court for consideration. As per the terms of the Consent Terms, more particularly Clause 5 thereof, the parties have undertaken to inter alia withdraw all cases, applications, petitions and proceedings filed by them.
4. The Hon’ble High Court is pleased to direct all the appropriate authorities to change the name of the daughter from Breeti Priyanka Lal to Breeti Kshitij Banker. In pursuance thereof, the present affidavit is filed to bring the said Consent Terms on record and request for appropriate orders thereon.”
The respondent has also filed affidavit dated 13th October, 2025, relevant paras of which, read thus:
“1. I am the respondent of this appeal. This appeal has been filed to challenge the order dated 22.12.2022 passed in Family Suit no.1 of 2022 by the Family Court, Vadodara. I state that I am filing this affidavit for the limited purpose of bringing on record Consent Terms dated 08.09.2025, by which the parties to this appeal have resolved to settle their disputes amicably.
2. I state that during the pendency of the present First Appeal before this Hon’ble Court, the parties, through mediation, have amicably resolved their differences and arrived at a settlement. The settlement agreement have been duly accepted by both the parties and thus are reduced into writing in the form of Consent Terms dated 08.09.2025. A copy of the consent terms dated 08.09.2025 is annexed and marked as ANNEXURE – A.
3. I state that the said Consent Terms have been entered into by the parties voluntarily, without any coercion or undue influence, and the same are being filed, by both the parties, before this Hon’ble Court for consideration. As per the terms of the Consent Terms, more particularl