ORDER : N.V.ANJARIA, J. The present First Appeal arises out of judgment and order dated 20th January, 2021 by Family Court No.2, Ahmedabad in Civil Misc. Application No.28 of 2019. It was an application under Section 26 of the Guardians and Wards Act, 1890. 1.1 The applicant – father prayed for retaining the custody of minor daughter named Aliza. He also prayed for injunction to restrain the opponent – wife from interfering in the custody of the daughter. 2. The Family Court refused to grant the prayer regarding custody and passed the following operative order, “[1] The present application is hereby rejected so far as prayer as prayed for in paragraph 60 (A), (B) and (C) of the main application. [2] It is hereby ordered that the applicant-father shall have visitation rights once in a month on every 3rd Saturday of each calendar month for two hours between 03 p.m. and 05 p.m. at the Child Visitation Center of this Family Court Complex, subject to the convenience of the child in question. [3] The opponent-mother is hereby ordered and directed to facilitate the applicant-father for the visitation rights in above terms. [4] Both the parties would take proper care and would maintain interest of the minor in question as required during the visitation period. [5] There shall be no order as to costs. [6] It is further ordered that the present applicant – father can get executed this order and he can have visitation rights and physical access of the minor daughter in question only after physical functioning of this Family Court, Ahmedabad, begins.” 2.1. The proceedings of this appeal witnessed the passing of order dated 27.09.2021 by the Coordinate Bench, as under. “1. This first appeal is at the instance of the (original plaintiff) father against the order dated 20.1.2019 passed by the Family Court, Ahmedabad in the Civil Misc. Application No.28 of 2019. The directions issued by the Family Court reads thus:- “(1) The present application is hereby rejected so far as prayer as prayed for in paragraph 60(A), (B) and (C) of the main application. Application No.28 of 2019. The directions issued by the Family Court reads thus:- “(1) The present application is hereby rejected so far as prayer as prayed for in paragraph 60(A), (B) and (C) of the main application. (2) It is hereby ordered that the applicant father shall have visitation rights once in a month on every 3rd Saturday of each calendar month for two hours between 03 p.m. and 05 p.m. at the Child Visitation Center of this Family Court Complex, subject to the convenience of the child in question. (3) The opponent-mother is hereby ordered and directed to facilitate the applicant-father for the visitation rights in above terms. (4) Both the parties would take proper care and would maintain interest of the minor in question as required during the visitation period. (5) There shall be no order as to costs. (6) It is further ordered that the present applicant-father can get executed this order and he can have visitation rights and physical access of the minor daughter in question only after physical functioning of this Family Court, Ahmedabad, begins.” 2. This Court issued notice on 7.6.2021. By order dated 12.7.2021 we directed the appellant i.e. Vasim Hamidbhai Shahu to remain present before us with the minor daughter Aliza on Thursday i.e. 15.7.2021. Pursuant to our directions the appellant remained present with minor daughter Aliza on 15.7.2021. One of us (Mrs. Vaibhavi D. Nanavati, J) talked to minor Aliza in her chamber. Aliza appeared to be a bright and happy child. During the course of conversation with Aliza she informed that she is pursuing her study at the Sreyash Foundation in the 8 th Grade. Minor Aliza stated that as her father works outside the house, she remains in the company and care of her grand-mother. She was reluctant to answer when asked if she would be willing to reside with her mother i.e. Suhana Vasim Shahu. She found herself more comfortable and relieved when she was informed that the meeting which was arranged was not for her to choose between either of her parents with whom she would be willing to reside but the meeting was mainly to know Aliza and her well being was of paramount consideration for this Court. She seems to be a very mature child and understands the dispute between her parents very well. 3. One of us, Mrs. She seems to be a very mature child and understands the dispute between her parents very well. 3. One of us, Mrs. Vaibhavi D. Nanavati, J once again met Aliza in Chamber on 29.7.2021 in accordance with the order passed by this Court dated 15.7.2021. She was accompanied by her father and grand-mother. During the meeting on 29.7.2021 it could be culled out from the conversation that she had affection for her mother Suhana as well. It, however, appeared that she was not willing to meet her mother at the cost of displeasing her father. Mrs. Vaibhavi D. Nanavati, J then met the father and grand-mother. Both of them at the outset consented and agreed that Suhana was the natural mother of Aliza and that they would not object to Aliza meeting her mother. It appears that Aliza is a sole accompany for the grand-mother and, therefore, it can be understood that she would be possessive for Aliza and her love for Aliza also would be genuine. After interacting with Vasim Shahu – the appellant it clearly appears that there is no chance of reconciliation between the parties and both, the appellant and the respondent are happy to have parted their ways. The sole consideration therefore for this Court is once again the well being of Aliza. 4. By order dated 29.7.2021 we requested the respondent Ms.Suhana, mother of Aliza to remain present in the chamber of Mrs. Vaibhavi D. Nanavati, J on 31.7.2021 at 2:00 p.m. During the meeting Ms.Suhana informed that she is working in a private Insurance Company and staying by herself. She appeared to be very keen and anxious to have Aliza back with her. She appears to be a very practical person and pragmatically she stated that she may be permitted to meet Aliza. According to her, mother and daughter have not met enough in the recent past and only if the two of them were permitted to meet by themselves without any restrictions, they would be able to bond well as mother and daughter. She informed that she was ready and willing to pick-up Aliza from her husband’s residence and drop her back. She stated that she has reservation in meeting the daughter Aliza at the residential house of her husband where Aliza is at present residing. She informed that she was ready and willing to pick-up Aliza from her husband’s residence and drop her back. She stated that she has reservation in meeting the daughter Aliza at the residential house of her husband where Aliza is at present residing. We found the same with the Aliza when we met her, that she would be more comfortable meeting the mother outside the place of residence where she resides with her father and grand-mother. 5. We have a case on hand where though the custody is given to mother, the daughter is actually residing with the father. The father is given only the visitation rights by the Family Court. The daughter is residing with the father prior to the order of custody passed by the Family Court on 20.1.2021. 6. The situation is such that though the father is given the visitation rights, the daughter is actually residing with her father. The father is also taking good care of her daughter Aliza. During the course of our meeting we found that Aliza is taken care of well by father and the grand-mother. Still however, we find that the mother’s care and warmth is equally important for a minor girl Aliza. In such circumstances, before we pass any final order, we are of the view that some interim directions are required to be given to facilitate the well being of Aliza. 7. In the above background and having considered the broad consensus between the parties appearing through their advocates and after interaction with the parties themselves, we pass the following interim order:- (a) It is directed that minor Aliza be picked up by the mother Ms. Suhana Vasim Shahu from the place where Aliza is residing with her father and remain in the custody of her mother from 10:00 a.m. to 5:00 p.m. on every Saturday and Sunday. (b) If Aliza has a school working Saturday, mother Ms. Suhana Vasim Shahu will pick up Aliza after school hours and drop her back at the place of residence where she is residing with her father at 8:00 p.m. (c) On festivals, Aliza may spend time with her father and grand-mother in the morning, but in the evening, it is directed that she will be in custody of mother Ms. Suhana Vasim Shahu for atleast five hours. Suhana Vasim Shahu for atleast five hours. (d) The arrangement of picking up and dropping Aliza can be mutually worked out between the appellant - Vasim Hamidbhai Shahu and the respondent - Ms. Suhana Vasim Shahu. (e) duration of the Summer vacation would be at least four weeks. The mother Ms. Suhana Vasim Shahu will be entitled to have custody of minor Aliza for two weeks. During the above period of two weeks it will be open for Ms. Suhana Vasim Shahu to take Aliza out for holidays to a place of her choice where she feels comfortable. (f) On Aliza’s birthday, Aliza can be with the father - Vasim Hamidbhai Shahu for the first half of the day and during the second half of the day till 9:00 p.m. Aliza be in the custody of her mother - Ms. Suhana Vasim Shahu. (g-1) It is directed that mother - Ms. Suhana Vasim Shahu be permitted to attend all the school functions such as annual day, foundation day, sports day, parents teachers meeting. (g-2) We direct the school authority to enter the name of the mother in the school record, if the same is not figuring in the school record. (h) It is directed that mother Ms. Suhana Vasim Shahu can talk telephonically as also through video call to minor Aliza at any time during the day. (i-1) It is further directed that father - Vasim Hamidbhai Shahu shall furnish proper contact details to the mother Ms. Suhana Vasim Shahu to facilitate her to be in contact with minor Aliza. (i-2) It is directed that any changes which may occur with respect to contact number, whereabouts of minor Aliza that be appraised to mother Ms. Suhana Vasim Shahu. Similarly when Aliza is in custody with mother Ms. Suhana Vasim Shahu, father - Vasim Hamidbhai Shahu be furnished with details of whereabouts and contact number. 8. We make it clear that the aforesaid is an interim arrangement. We would like to observe whether the interim arrangement works without further difficulty. So far as the main matter is concerned, we shall hear it after sometime. List the main matter for further hearing after four months.” 2.2 It is in the above light of the order, the observations made therein and the findings recorded by the Coordinate Bench that the submissions of the parties were considered. 3.1 Learned advocate Ms. So far as the main matter is concerned, we shall hear it after sometime. List the main matter for further hearing after four months.” 2.2 It is in the above light of the order, the observations made therein and the findings recorded by the Coordinate Bench that the submissions of the parties were considered. 3.1 Learned advocate Ms. Bhakti M. Joshi for the appellant and learned advocate Mr. Hriday Buch for the respondent jointly submitted affidavit pointing out that the parties have settled their dispute regarding custody of the minor daughter – Aliza. The affidavit of settlement dated 07.12.2022 along with its accompaniments is taken on record. The affidavit inter alia made reference to the aforesaid order dated 27.09.2021, wherein interim arrangement regarding visitation was made. 3.2 It was stated that the parties have been following the said arrangement. It was further stated that the parties have now agreed to adhere to them in the future, more particularly, para 7 of the said order. 4. The affidavit of settlement in its relevant contents reads as under: “ii. It is agreed between the parties that the custody of Minor child i.e. Aliza shall remain with the Appellant – father and visitation – arrangement will continue as mentioned hereinabove. iii. The parties have mutually agreed to confine their conjugal rights and consented to obtain the decree of divorce from the competent Court.” 5. When inquired about the present state of things, learned advocates for the parties, on instructions, jointly stated that child – Aliza has been staying at her parental home with her father and has been under good care of the grand - parents. It was stated that as recorded in the aforesaid order dated 27.09.2021, the child is happy and pursuing her studies. 5.1 The parties are also present in the Court, identified by the respective advocates, who also confirmed to have arrived at the aforesaid settlement and the fact that custody of the daughter, as per the mutual agreement settlement, is to be retained by the father. 6. In light of the above facts and the settlement arrived at between the parties as above, the impugned order dated 20th January, 2021 passed by Family Court No.2, Ahmedabad, in Civil Misc. Application No.28 of 2019 shall stand substituted by the terms of settlement, which has been mutually agreed upon by both the parties. 6. In light of the above facts and the settlement arrived at between the parties as above, the impugned order dated 20th January, 2021 passed by Family Court No.2, Ahmedabad, in Civil Misc. Application No.28 of 2019 shall stand substituted by the terms of settlement, which has been mutually agreed upon by both the parties. 6.1 The parties shall abide by the terms, as stated by them. 7. The appeal is disposed of accordingly.