IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 4800 of 2023 ========================================================== JAYSHRIBEN PRAKASHBHAI DONGA D/O MULJIBHAI BUSA Versus PRAKASHBHAI DHIRUBHAI DONGA ========================================================== Appearance: MR NILESH R KOYANI(5129) for the Appellant(s) No. 1 MR PREMAL R JOSHI(1327) for the Appellant(s) No. 1 MR MEET D PANSURIA(10170) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 01/09/2026 ORAL ORDER (PER : HONOURABLE MR. JUSTICE ILESH J. VORA) 1. We have heard learned counsel Mr. Premal Joshi and Mr. Meet Pansuria for the respective parties. 2. The appellant – Jayshreeben Prakashbhai remained present through virtual mode. She made a statement that having regard to the facts and circumstances of the case, more particularly, for the welfare and best interest of her son, she does not press this appeal and seeks permission to withdraw unconditionally. 3. Learned counsel Mr. Premal Joshi, inviting our attention to the order dated 19.10.2023 to contend that the mother – appellant was having visitation right as per para-13 of the Deed of Divorce Agreement Exh. 24 and on that basis, she would be entitled to meet her son. p. 1 4. Learned counsel Mr. Pansuria on the aspect of visitation right fairly stated that the respondent would abide by the terms and condition of the Deed of Divorce Agreement and the husband respondent shall ensure about the compliance of the visitation right. 5. With the aforesaid observation, the Appeal stands disposed of as withdrawn. However, it is needless to say that the liberty is reserved in favour of the appellant to move before the Family Court to claim the custody of the son on change of fact situation as well as for modification of the visitation right. Whenever, such application is filed, the Family Court shall have to decide the application independently on its own merits without considering the order passed by the Family Court dated 19.10.2023 as well as the act of withdrawal of this Appeal. (ILESH J. VORA,J) (R. T. VACHHANI, J) P.S. JOSHI p. 2 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: PALLAV SUBHASHCHANDRA JOSHI(HC00177), Principal Pvt. Secretary, at High Court of Gujarat on 01/09/2026 17:55:14