1. This petition under Article 226 of the Constitution of India is filed by the petitioner with following prayers:
"(A) Your Lordships may be pleased to admit and allow this application;
(B) The Honourable Court may be pleased to allow this Special Criminal Application by issuing appropriate writ order or direction by modifying/deleting directions passed in Special Criminal Application No. 1246 of 2008 initially on dated 23.1.2009 on subsequent dated 8.5.2009 in the facts and circumstances of the present case;
(C) Pending admission hearing and final disposal of this petition, Honourable Court may be pleased to grant stay as to the directions/order of this Honourable Court in so far as custody of the minor son of present petition which is to be handed over one each Fiday till Monday and be pleased to suspend the same in the facts and circumstances of the present case."
2. It is submitted that during the pendency of this petition, the petitioner and respondent No.2 have arrived at a settlement and on 11.4.2012 they have executed an agreement for divorce and further amount of Rs.9,25,000/- is received by respondent No.2 towards full and final settlement and permanent alimony and meanwhile the proceedings pending before the learned 2nd Additional District Judge, Jamnagar Court came to be terminated in view of the purshis filed by the parties.
3. In view of the above understanding of agreement and permanent settlement, visiting right of the petitioner to his child aged 10 years Dhananjay will also be governed by terms of understanding so recorded on 11.4.2012 and, therefore, learned advocate for the petitioner does not press this petition at this stage.
4. Considering overall aspect as above, this petition is disposed of in terms of the understanding and agreement arrived at between the parties recorded herein above and the affidavit is to be taken on record.
[ANANT S. DAVE, J.] //smita// Top