ORDER

1. This petition arises from the order passed by the High Court of judicature at Ahmedabad dated 22.08.2024 in Special Civil Application No. 927 of 2024 by which the High Court rejected the petition filed by the petitioner herein and thereby affirmed the order passed by the Principal Judge Family Court, Ahmedabad below exhibit-5 in Family Suit No.1388 of 2019.

2. To put it briefly this litigation originated from a matrimonial dispute between the parties.

3. The parties got married on 25.12.2010. In the wedlock two daughters were born namely Anushka and Anahira on 24.09.2011 and

01.05.2014, respectively.

Signature Not Verified Digitally signed by CHANDRESH Date: 2025.02.03 Reason:

4. The impugned order passed by the High Court arises from the order passed by the Family court relating to the rights of the father to see his two daughters and spend time with them.

5. We need not delve much into the facts of this litigation as we need not adjudicate this petition any longer on merits in the wake of settlement arrived at between the parties.

6. Having regard to the fact that the parties got married, almost 15 years back and were blessed with two daughters, we tried to persuade them to bury their differences and try to reconcile in the interest of their two daughters.

7. However, as destined, they now decided to part-ways honourably, subject to the terms and conditions they have reduced into writing, duly signed and notarized.

8. Ms.Diwan, the learned senior counsel appearing for the husband petitioner and Mr. Pahwa, the learned senior counsel appearing for the respondent-wife submitted that due care has been taken to protect the interest of both the parties, more particularly, the two minor daughters. They submitted that the settlement is fair and equitable to both the parties.

9. The terms of the settlement reduced into writing are incorporated as under:

“ SETTLEMENT AGREEMEN T This Settlement Agreement (“Agreement”) is executed on this 24^th day of January 2025, at New Delhi, by and between:

1. Vikram Vaman Apte, aged about 41 years, son of Vaman Apte, having address at 24B, Woodland Co-operative Housing Society, 67, Gopal Rao Deshmukh Marg, Mumbai – 400 026, hereinafter referred to as the “Husband,”

AND

2. Priyanka Vikram Apte, aged about 39 years, wife of Vikram Vaman Apte, having address at 38, Sector-1, Kalhaar Bungalows, Shilaj, Ahmedabad, Gujarat 380 059, hereinafter referred to as the “Wife,”

The Husband and the Wife are collectively referred to as the “Parties.”

Whereas:

A. According to Hindu rites and customs, the Parties were married on

25.12.2010 in Mumbai.

B. There are two daughters born of the wedlock:

o Anushka, aged about 13 years (Date of Birth: 24.09.2011) o Anahira, aged about 10 years (Date of Birth: 01.05.2014)

C. Due to irreconcilable differences, the Parties have been living separately since 23.06.2019, and reconciliation is not possible.

D. The Parties now desire to dissolve their marriage and pray for a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, read with powers vested with the Hon'ble Supreme Court of India under Art. 142 of the Constitution of India, and have arrived at this Agreement voluntarily, without any coercion, force, fraud, undue influence, misrepresentation etc.

E. The Parties will accordingly, jointly request for a decree of divorce before the Hon’ble Supreme Court in Special Leave Petition (Civil) No. 22964 of 2024 pending before the Hon'ble Supreme Court. These consent terms shall become implementable upon the grant of decree of divorce and dissolution of marriage in terms of the present agreement.

Now, therefore, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:

1. Both Parties confirm that this Agreement reflects a one-time full and final settlement regarding all marital claims, alimony, maintenance, child support, visitation and custody, property, and any other issues arising from the marriage.

2. That there are pres