Court No. - 5
Case :- FIRST APPEAL No. - 715 of 2018 Appellant :- Suchi Tripathi Respondent :- Amit Tripathi And 2 Others Counsel for Appellant :- Pranjal Shukla Counsel for Respondent :- Nikhil Kumar
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Salil Kumar Rai,J.
The appellant has preferred this appeal under Section 19 of the Family Court Act, 1984 to set aside the order passed by the Principal Judge, Family Court, District Gautam Buddha Nagar dated 11.10.2018 whereby application of the sole respondent/ husband has been allowed for visitation right in regard to Master Abhimanyu.
It is contended on behalf of the appellant that the said order has been passed ex- parte without giving any opportunity. Learned counsel for the petitioner has tried to demonstrate from the order itself that the application was filed on 10th October, 2018 and without issuing notice the impugned order has been passed.
We have heard learned counsel for the appellant and Sri Nikhil Kumar, learned counsel for the respondents. He waves notices.
From the order impugned it is evident that it has been passed ex-parte, without issuing any notice, however, from a perusal of the said order it appears to us that the court below has kept in mind the overall welfare of the child. The court below has given visitation right to father on three dates and the time has also been fixed.
On our suggestion both the parties have tried for reconciliation and after receiving the instructions from their clients, learned counsel for the parties have stated that the parties have reached on the following arrangement:
(i) The days fixed by the court below Tuesday, Thursday and Sunday shall be altered as Tuesday, Thursday and Saturday;
(ii) It has also been agreed between the parties that on Tuesday and Thursday timing fixed by learned court below i.e. 06.00 p.m. to 08.00 p.m. shall now be 05.00 p.m. to 07.00 p.m., and on Saturday timing would be 11.00 a.m. to 3.00 p.m..
In view of the aforesaid amicable settlement arrived at between the parties, we are disposing of the appeal in terms of the order under challenge.
No order as to costs.
Order Date :- 31.10.2018 Digamber