JUDGMENT : HEMANT M. PRACHCHHAK, J. 1. Present appeal is filed under the provisions of Section 19 of the Family Courts Act, 1984 by the appellant husband - original applicant challenging the judgment and order dated 26.11.2018 passed by learned Principal Judge, Family Court, Bharuch (hereinafter referred to as the "Family Court") vide Exh. 60 in Civil Misc. Application No.02 of 2016 (Old No.47 of 2015) filed under the provision of Guardians & Wards Act, 1890 for getting custody of minor daughter Keya. By the impugned judgment and order, learned Family Court rejected Civil Misc. Application No.02 of 2016 filed by present appellant. 2. Heard Mr. Jaimin A. Gandhi learned advocate for the appellant-husband and Mr. Anurag V. Agrawal, learned advocate for the respondent- wife. 3. It appears from the record that the respondent is legally wedded wife of the appellant. Their marriage came to be solemnized with consent of the family members of both sides, on 11.12.2009 under the Hindu customs and rituals and they have been residing at Vadodara after marriage and they have a minor daughter named 'Keya'. 3.1 Due to marital discord between the appellant and the respondent, the respondent wife had voluntarily left the home of the appellant along with her daughter Keya. Thereafter, the appellant being a father of minor daughter Keya had preferred Civil Misc. Application No. 02 of 2016 (Old No. 47 of 2015) before learned Family Court, Bharuch under the provisions of the Guardians and Wards Act, 1890 seeking custody of his minor daughter Keya. 3.2 After hearing both the parties and after evaluating the evidence placed on record, learned Family Court rejected the application filed by the appellant - husband vide judgment and order dated 26.11.2018 in Civil Misc.Application No.02 of 2016. 3.3 Being aggrieved and dissatisfied with the impugned judgment and order passed by learned Family Court, the appellant husband has preferred present appeal. 4. It appears from the impugned judgment and order that learned Family Court has framed following issues for determination of the application filed by the appellant:- "(1) Whether the applicant proves that the opponent is not taking care of minor Keya? (2) Whether the applicant proves that is entitled for the custody of minor Keya as against the opponent? (3) What order?" 5. (2) Whether the applicant proves that is entitled for the custody of minor Keya as against the opponent? (3) What order?" 5. After considering the facts and circumstances of the case and after going through the arguments advanced by both the sides, learned Family Court rejected the application filed by the husband. Learned Family Court has, on the basis of the observation and legal ratio laid by Hon'ble High Courts of various States and the Honb'le Supreme Court of India, made an observations in paragraph Nos. 23 and 24 that at the time of deciding custody application of minor child, the paramount interest and welfare of the minor is required to be considered and it should be given a top priority. Further, learned Family Court has also observed that the appellant is very greedy and his nature is of aggressive and rebellious type. 6. After aforesaid observations, learned Family Court replied issue Nos. 1 and 2 in negative and thereafter, passed impugned judgment and order and rejected the application filed by the appellant husband. 7. In fact, wife has also filed proceedings under Section 13 of the Hindu Marriage Act being H.M.P. No.124 of 2014 before learned Principal Judge, Family Court, Bharuch and vide order dated 26.11.2018, said H.M.P. No. 124 of 2014 came to be allowed and the marriage solemnized between the present appellant and respondent wife was declared as null and void and the decree of divorce came to be passed in the said proceedings. The said order was challenged by present appellant by way of preferring First Appeal No. 3614 of 2019. The said First Appeal being First Appeal No.3614 of 2019 came to be withdrawn by the appellant on 29.04.2022, since the appellant was not interested in pursuing the said appeal. 8. On 24.03.2023 this Court passed following order in present appeal :- "1. Learned advocates appearing for the respective parties are ad idem while submitting that the appellant and defendant are ready and willing to avail visitation right of the minor daughter – Keya. 2. Learned advocate Mr. Anurag V. Agarwal, appearing for the defendant – wife, on instructions, has submitted that she will take the minor daughter to the house of the sister of the appellant, who is residing at Narol, Odhav, Ahmedabad at any of the weekends. 2. Learned advocate Mr. Anurag V. Agarwal, appearing for the defendant – wife, on instructions, has submitted that she will take the minor daughter to the house of the sister of the appellant, who is residing at Narol, Odhav, Ahmedabad at any of the weekends. It is also submitted by the advocates that the appellant may also be permitted to have a video calling to the minor between 9:00 to 10:00 p.m. on any two days in a week. 3. At this stage, learned advocate Mr.Anurag V. Agarwal, has submitted that the defendant or anyone suggested by her would be taking minor to the house of the sister of the appellant. 4. Accordingly with these understandings of the respective parties, the matter is adjourned. In order to see that the parties abide by the statements made before this Court, the matter is adjourned to 18.07.2023." 9. Thereafter, on 28.11.2023, learned advocates for both the sides had requested to sent the appeal before mediation center, with a view to explore the possibility of overall resolution of dispute between the parties. In view of the said request this Court had passed order dated 28.11.2023 and sent the appeal before the Mediation Center however, the mediation was unsuccessful. 10. Today, both the learned advocates for the respective parties are present and have submitted that both the sides have amicably settled the dispute with regard to the custody of the minor daughter Keya and the parties have entered into a settlement deed executed on 28.2.2025. 11. The said settlement deed dated 28.02.2025 reads as under:- SETTLEMENT DEED This Deed of Settlement is made and executed on the 28th day of February, 2025 at Ahmedabad. BETWEEN: Bhavik Jagdishchandra Rana, Age - 40 years, Occupation - Self-Employed, Residing at: C/4 Dharti Tenaments, Bapod Jakatnaka Waghodia Road, Vadodara (Gujarat); (hereinafter to be called and referred to as the FIRST PARTY) which expression shall unless be excluded by or repugnant to the context be deemed to include its successors, executors, administrators, legal representatives, and assignors of the FIRST PART. AND: Darshana d/o Arvindbhai Rana, Age - 43 years, Occupation - Homemaker, Resident Of: 79 - Manishanand Society, Near Shaktinath, Bharuch (Gujarat); (hereinafter to be called and referred to as the SECOND PARTY) which expression shall unless be excluded by or repugnant to the context be deemed to include its successors, executors, administrators, legal representatives, and assignors of the SECOND PART. WHEREAS the parties hereto are divorced husband and wife living separately since years and are embroiled in multiple litigations pending before various courts and have decided to put an end to all the pending litigation. AND WHEREAS the FIRST PARTY has filed a First Appeal No. 3612 Of 2019 and Criminal Revision Application No. 111 Of 2019 and 1162 Of 2022 challenging the Judgment and Order passed by the Honorable Family Court, Bharuch in respective matters and captioned matters are pending adjudication before Honorable High Court of Gujarat. AND WHEREAS the SECOND PARTY has filed Criminal Enquiry No. 701 Of 2014 and CRMA-J No. 942 Of 2014 which is pending before the Honorable Court of Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Bharuch. Besides that, the father of SECOND PARTY has also filed a Criminal Appeal No. 114 Of 2018 challenging the judgment of acquittal in Criminal Case No. 699 Of 2015 and captioned Criminal Appeal is pending before the Honorable 6th Additional District and Session Judge, Bharuch. AND WHEREAS the parties hereto have mutually decided to amicably resolve all the disputes pending between them and put an end to all the litigations between them pending before various courts fully and finally on the terms and conditions set forth hereinafter. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The FIRST PARTY and SECOND PARTY are estranged husband and wife involved in multifarious litigation from their unpleasant and acrimonious matrimonial life. 2. The FIRST PARTY and SECOND PARTY have a daughter from wedlock known as KEYA who is presently 13 years of age. 3. The FIRST PARTY and SECOND PARTY have obtained divorce from the competent court, thereafter which, they both have got remarried and are presently living with their respective spouses peacefully. 4. The SECOND PARTY has already waived her right of maintenance since her remarriage and will never claim any right or interest in the property of FIRST PARTY in future. 3. The FIRST PARTY and SECOND PARTY have obtained divorce from the competent court, thereafter which, they both have got remarried and are presently living with their respective spouses peacefully. 4. The SECOND PARTY has already waived her right of maintenance since her remarriage and will never claim any right or interest in the property of FIRST PARTY in future. Besides that, the SECOND PARTY also forgoes or waives her claim towards the Stridhan and in future she will never claim any Stridhan from the FIRST PARTY. Provided that, if any claim of maintenance of the SECOND PARTY is pending adjudication or has been adjudicated but not paid by the FIRST PARTY, then the same shall also be construed as withdrawn or waived by the SECOND PARTY and she will not claim the same in future hereinafter. 5. The SECOND PARTY declares that, daughter KEYA is residing with her and her Step-Father, namely, Chetan Baldevbhai Luhar. 6. The FIRST PARTY and SECOND PARTY have mutually agreed that, the FIRST PARTY will not claim custody or visitation rights of KEYA before any court of law in future hereinafter. 7. The FIRST PARTY hereby covenants that, he will cooperate in adoption of daughter KEYA in favour of her Step-Father and sign necessary documents whenever required for giving daughter KEYA in adoption to her step-father, namely, Chetan Baldevbhai Luhar and will not create any hindrance for effective adoption of daughter KEYA in favour of Step-Father. Provided that, the FIRST PARTY shall also cooperate in signing all the necessary documents whenever required and demanded by any government office, semi-government office, foreign authorities in cases where daughter KEYA would be going to a foreign country for her education in future hereinafter. 8. The FIRST PARTY and SECOND PARTY have mutually agreed that, the SECOND PARTY will waive the right of maintenance of daughter KEYA and will not claim maintenance for daughter KEYA from FIRST PARTY and will not file any application or recovery application for maintenance of daughter KEYA before any court of law in future hereinafter. Provided that, if any claim of maintenance regarding daughter KEYA is pending adjudication or has been adjudicated but not paid by the FIRST PARTY, then the same shall also be construed as withdrawn or waived by the SECOND PARTY and she will not claim same in future hereinafter. 9. Provided that, if any claim of maintenance regarding daughter KEYA is pending adjudication or has been adjudicated but not paid by the FIRST PARTY, then the same shall also be construed as withdrawn or waived by the SECOND PARTY and she will not claim same in future hereinafter. 9. The SECOND PARTY hereby covenants that, she will withdraw all the pending cases against FIRST PARTY by filing necessary application before the concerned court. Presently, proceedings before the Honorable Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Bharuch are pending against FIRST PARTY. Likewise, the father of SECOND PARTY, namely, Arvindbhai Rana will also withdraw the appeal filed by him which is pending before the Honorable 6th Additional District and Session Judge, Bharuch by filing necessary application. Provided that, the SECOND PARTY and father of SECOND PARTY, namely, Arvindbhai Rana will co-operate in consent quashing if required or otherwise will withdraw evidences tendered in criminal proceedings if required. 10. The parties hereto covenant and declare that, any cases which are not though specifically mentioned in this Deed for Settlement, if surfaces in the future to be pending before any court of law against the parties hereto, then the same shall also come to an end by virtue of this Settlement Deed and the parties hereto shall ensure that said proceedings are withdrawn or put to an end by making necessary application before concerned court. 11. The FIRST PARTY and SECOND PARTY hold a joint bank locker in Bank of Baroda at Vadodara being Locker No. 5796. The SECOND PARTY hereby covenants that she will co- operate with FIRST PARTY in closure of captioned Bank Locker and will sign the necessary documents in furtherance thereof as and when required. 12. The FIRST PARTY hereby declares that he will never contact the SECOND PARTY or her relatives in future and shall also refrain from making any statement or allegations about SECOND PARTY or her relatives on any social media platforms or print and electronic media, failing which, it shall be open for SECOND PARTY to initiate appropriate legal proceedings. 13. The FIRST PARTY hereby declares that he will not do anything which would hurt physically, mentally or emotionally to SECOND PARTY or her relatives including daughter KEYA at any places. 13. The FIRST PARTY hereby declares that he will not do anything which would hurt physically, mentally or emotionally to SECOND PARTY or her relatives including daughter KEYA at any places. And in furtherance of this settlement deed, the parties hereto extinguish all their claim and rights against each other forever and they will not cause any hindrance in the life of each other in future hereinafter. 14. The parties hereto declare that, they shall hold themselves as civilized and responsible person and not commit any act personally or vicariously that would cause nuisance, annoyance, defamation, disrepute or displeasure to either party defeating the purpose of this settlement deed. 15. This Deed of Settlement shall not be modified by any party by oral representations and all modifications must be in writing and signed by all of the parties hereto, after the execution of this settlement deed. 16. This settlement deed has been executed as per the free will and consent of both the parties hereto, without any fear, force, coercion, undue influence or fraud respectively. Moreover, this settlement deed shall be deemed fully executed and effective when it has been signed by all the parties hereto. IN WITNESS WHEREOF the parties above-named have executed these presents at Ahmedabad on the 28th day of February, 2025 as first written above." 12. The appellant has also filed an affidavit of settlement dated 28.2.2025 which reads as under:- "AFFIDAVIT OF SETTLEMENT ON BEHALF OF APPELLANT I, Bhavik Jagdishchandra Rana, Age - 40 years, Occupation - Self-Employed, Resident Of: C/4 Dharti Tenaments, Bapod Jakatnaka, Waghodia Road, Vadodara; do hereby solemnly affirm on oath as under: 1. That the captioned First Appeal emanate from the Judgment and Order dated 26.11.2018 passed by the Honorable Family Court, Bharuch in CMA No. 02 Of 2016 (Old No. 47 Of 2015) regarding guardianship and custody of minor daughter of Appellant, namely, Keya. That I am the Appellant in present matter. That the captioned First Appeal emanate from the Judgment and Order dated 26.11.2018 passed by the Honorable Family Court, Bharuch in CMA No. 02 Of 2016 (Old No. 47 Of 2015) regarding guardianship and custody of minor daughter of Appellant, namely, Keya. That I am the Appellant in present matter. It is stated that parties to the present lis have obtained divorce from competent court, thereafter which, they have got remarried and are presently living with their respective spouses peacefully, however, the parties to the present lis are embroiled in multiple litigations which are pending before various court and have decided to put an end to all the pending litigation and in furtherance of that the parties to the present lis has executed one Settlement Deed which has been duly Notarised before Notary Public on 28.02.2025 vide Serial No. A/441/2025. 2. That, I the undersigned Appellant, in the light of above- captioned settlement deed, does hereby declare before the honourable court that, I will not claim custody or visitation rights of KEYA before any court of law in future hereinafter. Besides that, I will cooperate in adoption of daughter KEYA in favour of her Step-Father and sign necessary documents whenever required for giving daughter KEYA in adoption to her step-father, namely, Chetan Baldevbhai Luhar and will not create any hindrance for effective adoption of daughter KEYA in favour of Step-Father. Furthermore, I will shall also cooperate in signing all the necessary documents whenever required and demanded by any government office, semi- government office, foreign authorities in cases where daughter KEYA would be going to a foreign country for her education in future hereinafter. 3. That, I will withdraw the captioned appeal and all my rights against daughter KEYA will be extinguished forever, in the light of amicable settlement. I have entered into settlement out of my free will and consent and without any fear, force, coercion or undue influence. Solemnly affirmed at Ahmedabad on 28th day of February, 2025 Place: Ahmedabad Date: 28.02.2025 Sd/- (Deponent)" 13. Accordingly, copies of settlement deed dated 28.02.2025 and affidavit of settlement dated 28.2.2025 are taken on record. 14. It appears that the husband and wife both have got remarried and are presently living with their respective spouses peacefully. 15. Upon inquiry, learned advocate for both the sides have submitted that today, the parties are not present before this Court. Accordingly, copies of settlement deed dated 28.02.2025 and affidavit of settlement dated 28.2.2025 are taken on record. 14. It appears that the husband and wife both have got remarried and are presently living with their respective spouses peacefully. 15. Upon inquiry, learned advocate for both the sides have submitted that today, the parties are not present before this Court. Learned advocates have further submitted that they have personally verified the facts from the parties, since the parties were remained present before this Court on Friday for the purpose of attending other proceedings. Learned advocates have further submitted that parties have already settled the dispute between them. 16. In view of the above, we are of the opinion that present appeal requires to be disposed of in terms and conditions enumerated in the settlement deed and in view of the contents of the affidavit, executed by the appellant. 17. Accordingly present appeal stands disposed of in view of the amicable settlement arrived at between the parties and in view of the affidavit of settlement filed on behalf of the appellant. It is observed that both the sides shall cooperate and abide by the terms and conditions enumerated in the settlement deed. 18. It appears that the second husband of the respondent wife is ready and willing to adopt the minor daughter Keya and therefore, in that adoption proceedings, present appellant will cooperate and as and when his signature is required as biological father of the minor daughter Keya, he will, without any hesitation and/ or any resistance, put his signature wherever his signature is required. 19. In view of the above and in view of the terms and conditions enumerated in the settlement deed and in view of the contents of the affidavit filed by the appellant, present appeal stands disposed of. Interim relief, if any, stands vacated forthwith.