R/SCR.A/2445/2022 ORDER DATED: 26/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR MAINTENANCE) NO. 2445 of 2022 ========================================================== HIRAL PRANAV PATEL W/O PRANAV SHANKARBHAI PATEL AND D/O MAHENDRABHAI PATEL & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: KAIVAN M DASTOOR(9322) for the Applicant(s) No. 2,3 MR DARSHAN K KOTHARI(14004) for the Applicant(s) No. 1 MR NEHUL L DAVE(2411) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/08/2025 ORAL ORDER 1. Heard learned advocates for the respective parties. 2. The present petition is filed by the petitioner seeking modification of the impugned order dated 12.01.2022 passed below Exh.3 by the Family Court No.5, Ahmedabad in Criminal Misc. Application No.1764 of 2022, and further praying for interim maintenance of Rs.1,50,000/- in favour of Petitioner No.1 and Rs.75,000/- each in favour of Petitioner Nos.2 and 3, from the date of filing of the maintenance application, i.e., 26.10.2022, until the pronouncement of the final judgment and order in Criminal Misc. Application No.1764 of 2022 pending before Family Court No.5, Ahmedabad. 3. At the outset, learned advocate for the petitioner submitted Page 1 of 3 pt R/SCR.A/2445/2022 ORDER DATED: 26/08/2025 that the learned Family Court failed to consider the quantum of income of the respondent, which exceeds Rs.2 crores, and therefore, the interim maintenance requires enhancement in light of the judgment of the Hon’ble Apex Court in Rajnesh v. Neha, (2021) 2 SCC 324. 4. It appears that the interim maintenance order was passed on 12.01.2022 and assailed on 03.03.2022, and thereafter, the main matter came to be dismissed around 2023. 5. It is settled law that when the main matter is dismissed, interim orders are generally merged with the final order. Reference can be made to the judgment of the Hon’ble Apex Court in State of Gujarat v. Dilipbhai Shaligram Patil, 2007 (1) GLR 1, wherein the Court held that an interim order, such as one directing reinstatement in service, would not survive if the petition is dismissed. 6. Nonetheless, when an interim order is challenged, the Court is not required to examine the merits of the case at that stage, as the petition is pending and merits are yet to be adjudicated. Interim orders are passed in exercise of the discretionary power of the Court to prevent hardship, such as starvation, during the pendency of proceedings. 7. Considering the above, this Court finds no ground to interfere with the interim maintenance order passed by the Page 2 of 3 pt R/SCR.A/2445/2022 ORDER DATED: 26/08/2025 learned Family Court. In the event that the main matter is restored or any restoration proceedings are filed, the learned Family Court is directed to decide the same independently in accordance with law, without being influenced by the observations of this Court. 8. With the above directions the present petition stands disposed of. (HASMUKH D. SUTHAR,J) ALI` Page 3 of 3 pt Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 26/08/2025 17:34:58