High Court of Gujarat

NILKANTH VIKRAM TRIVEDIversusDEVSHRI D/O HEMANT KUMAR SHASTRI

Disposal: 35-ANY OTHER MODE @ ADM.STAGE
Bench: C DOSHI

Holding

The petition is disposed of without merits as the parties have amicably settled the interim custody issue through a joint affidavit.

Summary

The petition challenged a Family Court order dated 06.06.2026 granting interim custody of a minor child in Civil Misc. Application No. 83 of 2021. While the petition was pending, the parties entered into an adhoc custody arrangement and filed a joint affidavit confirming the settlement. The High Court verified the affidavit, noted the amicable resolution, and disposed of the petition without examining the merits. It directed the Family Court to complete the pending proceedings within six months, independently of the interim arrangement. Both parties were instructed to cooperate for the expeditious disposal of the case.

Issues considered

Whether the petition challenging the interim custody order should be entertained when the parties have reached a settlement.
Whether the High Court can dispose of the petition without addressing its merits based on a joint affidavit.
Whether the Family Court should be directed to expedite the final disposal of the underlying custody proceedings.

Subjects

custodyfamily lawinterim reliefsettlementspecial civil applicationGujarat High Court

Judgment

    C/SCA/4614/2026                            ORDER DATED: 09/07/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 4614 of 2026

==========================================================
                       NILKANTH VIKRAM TRIVEDI
                                Versus
                  DEVSHRI D/O HEMANT KUMAR SHASTRI
==========================================================
Appearance:
MR FARSHEED KAVINA for MS TEJAL A VASHI(2704) for the Petitioner(s)
No. 1
MR TARUN H RAWAT(13044) for the Respondent(s) No. 1
NISHITH M PANDIT(8386) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                           Date : 09/07/2026

                               ORDER
     Between the parties of the present SCA, on the subject
matter of this petition, on 19.6.2026, a consensus was arrived
at in SCA No.7934 of 2026 and accordingly, on consensus of
both the parties, following order was passed.

          “1.          The present petition challenges the
          impugned order dated 06.06.2026 passed below Exh.
          145 by the learned Family Court, Ahmedabad in Civil
          Misc. Application No. 83 of 2021 with regard to the
          interim custody of the minor child pending the
          proceedings.

          2.       Heard learned advocates for the respective
          parties.

          3.         During the pendency of this petition, both
          parties agreed to an adhoc arrangement concerning
          the custody of the minor child and placed on record a
          joint affidavit. The same is taken on record.



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       C/SCA/4614/2026                                                            ORDER DATED: 09/07/2026




                4.       This Court has verified the contents thereof
                as well as the signatures of the parties. Since the
                parties have amicably resolved their dispute with
                regard to the order passed below Exh.145, the
                present petition stands disposed of in terms of the
                joint affidavit filed by the parties. The interim
                arrangement recorded in the aforesaid joint affidavit
                shall govern the parties till the final disposal of Civil
                Misc. Application No. 83 of 2021.


                5.      The request for expeditious disposal of Civil
                Misc. Application No.83 of 2021 is also accepted. The
                learned Family Court, Ahmedabad, is hereby directed
                to complete the proceedings as expeditiously as
                possible, preferably within a period of six months
                from the date of receipt of this order, without being
                influenced by the adhoc arrangement arrived at
                between the parties. The learned Family Court shall
                independently adjudicate the issues raised before it
                on the basis of the evidence and material available on
                record.

                6.     Both parties are directed to extend full
                cooperation for the expeditious disposal of the
                proceedings.

                7.    It is made clear that this Court has not
                examined the merits of the case.”


   Aforesaid order governs the dispute raised in this petition.
Accordingly, that order also governs disposal of present
petition. Present SCA stands disposed of in aforesaid terms.



                                                                                               (J. C. DOSHI,J)
SHEKHAR P. BARVE


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 09/07/2026 15:52:41




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