Having considered the submissions advanced by Mr.N.C.Dave, learned advocate for the appellant-wife and by learned advocate Mr.Dipak Patel for learned advocate Mr.A.A.Purohit for the resonant-husband and perusing the impugned order passed by the Trial Court, wherein the Trial Court has categorically observed in Para-6 that the respondent would not take the law in his hand without following due process of law, so also considering the submissions advanced by Mr.Dipak Patel, learned advocate for the resonant-husband that the respondent-husband has not taken law in his hand to snatch away the custody of the child as well as in future the respondent shall not illegally and without any due process of law take the custody of the child, this Court is of the opinion that the instant Appeal from Order in light of such statement being made does not survive.
Upon such statement being made by Mr.Dipak Patel, learned advocate for the resonant-husband, Mr.N.L.Dave, learned advocate for the appellant-wife states that even Family Suit No.1504 of 2011 does not survive and he seeks permission to withdraw Family Suit No.1504 of 2011, at present pending in the Family Court, Ahmedabad.
In above view of the matter, the instant Appeal from Order along with Civil Application No.5174 of 2012 stand disposed of, as withdrawn and Family Suit No.1504 of 2011 at present pending in the Family Court, Ahmedabad, also stands disposed of, as withdrawn. Direct service is permitted.
(J.C.UPADHYAYA,J.) Girish Top