ORDER : 1. Both the sides are before this Court whom we had referred to the High Court Mediation Centre and they have already arrived at the agreement. The terms of their agreement, translated officially by the Department of Translation, are as follow: “(1) The marriage between us - both the parties was solemnized as per Hindu custom and ritual at Bhavnagar on 16.01.2004 and we became husband and wife since then and in this way, we - the parties are husband and wife. Out of the wedlock, the party of the first part has given birth to two children, namely Dhruvi aged 17 years and Harshil aged 8 years. Both the children live with me - the party of the first part and pursue their study at present. (2) Since many years of the marriage life of the parties have passed with a difference of opinion and as both the children were getting older and no consensus between the both was being reached, the party of the first part filed a case for divorce in the Bhavnagar Court in 2018 and the same was registered vide Family Suit No. 234/2018 in the Family Court. But, a divorce was not granted in the said case. The judgment was passed on 18.01.2022. Challenging it, the party of the first part filed First Appeal No. 3148/2022 in the Gujarat High Court praying to set aside the judgment of the lower court rejecting divorce and to grant a divorce. In this case, Hon'ble Ms. Justice Sonia Gokani and Hon'ble Ms. Justice Nisha Thakore referred the matter to mediation for settlement, in which, Shaileshbhai Parikh was appointed as a Mediator. A discussion of settlement was carried out. The party of the other part agreed to get the order of the lower court set aside and have the appeal filed by the party of the first part in the High Court allowed if he remains free from any liability and both the parties, by stating that they will prepare and submit a draft of conditions of the settlement, have fixed the conditions of the settlement, which are as follows. Conditions of settlement: (1) It has been 18 years of our marriage life and as difference of opinion and dispute take place between us, the elders of both the parties and the caste leaders tried to bring a settlement, but no settlement was reached between us - the parties and due to disagreement in that regard and great disparity and incompatibility between both the parties in behaviour, conduct and thoughts required to enjoy a marriage life and since we - both the parties cannot lead a happy and orderly marriage life in any circumstances and there is a huge difference of opinion and disagreement between us - both the parties and the family members, it appears that our marriage life cannot survive and we cannot enjoy the marriage life by living together under any circumstances in future and there is no possibility of such circumstances taking place in future and therefore, considering future of ourselves and each other, we - both the parties decided to get separated and take divorce willingly and voluntarily and prepared this document for divorce and dissolve today our marriage life and the relation as husband and wife. (2) We have brought an end to our marriage life from today and therefore, there does not remain any right or liability of us - the parties towards each other as a husband and a wife. Each of the parties is free to marry and may marry any other person independently as per their choice and will and none of us - the two parties shall raise any objection or dispute or file any police case or court case in this regard in future and in case any of the parties gets married anywhere else after getting divorced, none of us - the parties shall use any tactics or intrigues or do any harassment. (3) I, Party of the First Part, have not made any demand about the maintenance. Further, I, Party of the First Part, shall not demand, in future, from the Second Party any maintenance in capacity of a divorced wife. I, Party of the First Part, forgo my rights and entitlement for maintenance, permanently. Further, I shall not institute any case, suit or claim against you, Party of the Other Part, with regard to maintenance or property. I, Party of the First Part, forgo my rights and entitlement for maintenance, permanently. Further, I shall not institute any case, suit or claim against you, Party of the Other Part, with regard to maintenance or property. Party of the First Part and Party of the Other Part shall not have any right or entitlement in the properties, movable and immovable, of each other. Both the parties shall not institute any case, suit or claim against each other in this regard. We the parties agree that not any police case, complaint or court-case shall be instituted by any of the parties to this agreement against the other. (4) As the children of I, Party of the First Part, daughter Dhruvi and son Harshil, have been living with me out of their willingness and as they are pursuing their studies, by virtue of execution of this Deed, the Party of the Other Part vacate all of their legal rights and interest in the children and both the children shall live with the Party of the First Part, forever. All the expenses towards their education, marriage etc. shall be borne by the Party of the First Part and the Party of the Other Part further declare that they shall not undertake any procedure regarding custody of the children such as issuing of any Search-Warrant or undertake any procedure where the Party of the First Part may be made a party, whether instituted under The Guardians and Wards Act etc. or otherwise. The Party of the Other Part have instituted Criminal Miscellaneous Application No. 10/2021 for the custody of children. The Party of the Other Part, shall withdraw this application, willingly. I, Party of the First Part, have instituted Criminal Miscellaneous Application No. 713/2018 seeking maintenance for the two children. I, Party of the First Part, declare that the application will be withdrawn. Further, the Party of the Other Part declares that, after execution of the present Divorce Deed, the Party of the Other Part shall neither meet the children nor contact them over phone and the Party of the Other Part shall break all ties and bonds with the children of the Party of the First Part, forever. Further, the Party of the Other Part declares that he shall not make any attempt, without the consent of the Party of the First Part, to contact the children over phone or otherwise. Further, the Party of the Other Part declares that he shall not make any attempt, without the consent of the Party of the First Part, to contact the children over phone or otherwise. (5) As the Party of the First Part and the Party of the Second Part are separating with each other out of their mutual willingness, both the parties withdraw the allegations leveled by them against each other by virtue of the present Deed. The parties to this Deed shall not use any objectionable words, utterance at any place against the other. It is further declared that, both the parties shall destroy all the photographs, vidoegraphy, if any, related to the other parties. (6) It is further declared that, as the articles, such as dowry or otherwise, have already been returned to the concerned party, no party to the present Deed shall make any complaint about the same in future. Both the parties have returned the gold ornaments, household articles etc. to their rightful owners, willingly. (7) It is clarified hereby that, henceforth, both the parties shall not have any right, interest or entitlement in the properties, movable or immovable, vested in the other. (8) Both the parties to the present Deed further declare that, they agree to accept the Appeal before the Hon’ble Gujarat High Court by the Party of the First Part and prefer and request for setting aside the Order of the Hon’ble Court at Bhavnagar in Family Suit No. 234/2018. Further, as per the settlement reached between the parties today, it is requested to the Hon’ble High Court to declare the marriage between the parties to this Deed as dissolved. (9) Such a Settlement Agreement as above have been accepted by both the parties out of their willingness and understanding and without any kind of influence, threat, pressure etc. and we the parties have comprehended the facts stated herein, which are binding on both the parties, i.e. the Party of the First Part as well as the Party of the Other Part, and both the parties herein put their signature underneath in presence of the below stated witnesses.” 2. We notice that this does not have any clause for right of visitation. The respondent-husband has agreed to withdraw the application being Misc. Application No. 10 of 2021 for the custody of the children. We notice that this does not have any clause for right of visitation. The respondent-husband has agreed to withdraw the application being Misc. Application No. 10 of 2021 for the custody of the children. Clause (4) of the agreement provides that after this deed of divorce, the father is not to meet the children at any point of time nor he is supposed to be calling them over the telephone and without permission of the wife, he will not make any attempt to speak to the children. 3. We could notice appellant’s resistance on the part of the respondent-husband to this and he also was at pain. According to the Court also, after talking to the daughter, whom we met in person, it is not desirable for the appellant to insist on such terms. This we found to be more her insistence for arriving at this agreement. We shall modify those last five lines to this effect: “The father shall have the visitation right of both the children till they attained the age of 18 years. Thereafter, the children shall decide where they would like to continue the relationship through telephone, video conference or in person. For present, once in a month both the children shall be contacted by the father and he shall also have the right to meet them preferably on the 3rd Saturday. Let the meeting take place, which shall be at the premise of the District Legal Service Authority if, the wife is reluctant to entertain him at home. If she agrees to his visit at home either on the 3rd Saturday or Sunday, the same shall be permitted. The children can also express their desire to be with the father on any other occasion like public holidays or national holidays. The appellant shall not resist any of this aspects.” 4. We expect that the parents will conduct this with more maturity and the object with which the ties are being severed shall be fulfilled. 5. In the above terms, marriage solemnized between the parties on 16.01.2004 is dissolved by mutual consent. Present appeal stands disposed of. In wake of the this, respective cases shall be withdrawn and decree to that effect is also to be withdrawn.