Gujarat High Court
CR.RA/1294/2026 of PRASHANT GAJENDRABHAI CHAUHAN Vs DIPIKA W/O PRASHANT CHAUHAN D/O HASMUKHBHAI CHAVDA on 1 May 2026
01/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1294 of 2026 ========================================================== PRASHANT GAJENDRABHAI CHAUHAN Versus DIPIKA W/O PRASHANT CHAUHAN D/O HASMUKHBHAI CHAVDA & ORS.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1294
of 2026
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PRASHANT GAJENDRABHAI CHAUHAN
Versus
DIPIKA W/O PRASHANT CHAUHAN D/O HASMUKHBHAI CHAVDA & ORS.
==========================================================
Appearance:
MR KAVAN K PATEL(11303) for the Applicant(s) No. 1
MR DHANRAJ KHOSLA for the Respondent(s) No. 1, 2
MR PRANAV DHAGAT, APP for the Respondent(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/05/2026
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ORDER
1. Challenge is given to the order dated 21.1.2026 passed by the Family Court no.4, Rajkot in Criminal Misc. Application no. 1036 of 2024, whereby the sentence warrant was ordered to be issued for the arrears of maintenance amount which was recorded to be of Rs.2,10,000/-.
2. Learned advocate Mr. Kavan Patel, appearing for the applicant, has referred to the order dated 5.3.2026 passed by the Coordinate Bench in Criminal Revision Application (for maintenance) no.2035 of 2025. It is submitted that in Criminal Misc.
Application
no.1
of
(for withdrawal/disbursement of amount), the respondent–wife had sought permission to withdraw an amount of Rs.4,80,000/-. It is further submitted that upon verification of the payment details, it was revealed that an amount of Rs.15,50,000/- had already been deposited, out of which Rs.4,80,000/- was treated as arrears. The said amount of Rs.4,80,000/- was deposited by cheque dated 23.10.2025 bearing no. 000110 drawn on HDFC Bank, Airoli Branch, Navi Mumbai, Maharashtra, and the same was duly deposited before the Registry of this Court and thereafter, withdrawn by the respondent–wife and thus, Mr. Patel stated that this fact was not apprised by the respondent or the lawyer on record to the Family Court no.4, Rajkot and thus, the order came to be passed in absence of any assistance to the Court on 21.1.2026.
3. Mr. Dhanraj Khosla, learned advocate has instructions to appear for respondents no.1 and 2. Let Vakalatnama be accepted. The said fact has been affirmed by the advocate for the respondent stating that the sentence warrant, which has been ordered, would now be with regard to the amount already deposited and withdrawn by the respondent – wife and thus, stated that the order would become infructuous.
4. Having regard to the record, the receipts produced, and the order of this Court, it appears that the amount of arrears for the period from 4.3.2024 to 4.9.2024 to the tune of Rs.2,10,000/- has already been deposited. In such circumstances, the order dated 21.01.2026 cannot sustain and deserves to be set aside. Thus, the order dated 21.1.2026 passed by the Family Court no.4, Rajkot in Criminal Misc. Application no. 1036 of 2024 is set aside. The sentence warrant issued pursuant thereto stands cancelled and shall be recalled by Family Court no.4, Rajkot.
5. With these observations, this petition is disposed of. Direct service is permitted. (GITA GOPI,J) Maulik
Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2026 17:43:01