IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3268 of 2023 ========================================================== VINOD DILIP HENDRE Versus KALIYANI VINOD HENDRE ========================================================== Appearance: MR NASIR SAIYED(6145) for the Petitioner(s) No. 1 MS RV ACHARYA(1124) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 13/03/2026 ORDER 1. The order passed below Exh.16 in HMP No.20 of 2021 is in challenge by the petitioner husband by way of !ling present SCA under Article 227 of the Constitution of India. 2. The facts of the case are that the petitioner has !led the HMP u/s 9 of the Hindu Marriage Act, 1955 (in short “the Act”) for restitution of conjugal rights. During pendency of this petition, the respondent wife has !led an application u/s 24 of the Act on 26.6.2022 (gathered from para 6 of the a3idavit-in-reply at page 21), which was not contested by the petitioner by !ling any reply. Therefore, right right of the petitioner to reply is closed on 10.11.2022. 2.1 The learned Family Court, Bharuch vide order dated 10.1.2023 partly allowed the application of the respondent wife by directing the petitioner to pay interim maintenance of p. 1 Rs.7000/- per month to the respondent wife from the date of the application till !nal disposal of the HMP. 2.2 Having found that some adverse order has been passed by the learned Family Court, the petitioner withdrew the HMP by !ling withdrawal pursis at Exh.20 on 10.1.2023. In other words, the petitioner has withdrawn the HMP unconditionally. 3. In the aforesaid facts, learned advocate Mr. Saiyed for the petitioner made solitary argument that since now, the HMP !led for restitution of conjugal rights is not pending before the learned Family Court, there is no occasion arose to pass any order for interim maintenance u/s 21 of the Act and thus, as per his submission, the learned Family Court has committed serious error in passing order of the interim maintenance. Upon such submission, he prays to allow this petition. 4. On the other hand, learned advocate Ms. Acharya for the respondent wife while supporting the impugned judgment and order, would submit that the impugned order passed below application !led u/s 24 of the Act may pass later on, but it would take e3ect on the date the application was !led and therefore, the petitioner is responsible to pay the interim maintenance from the date of the petition till the HMP is disposed of. 5. Having heard learned advocates for the respective parties and considering the factual aspects, I am of the considered opinion that the learned Family Court has not p. 2 committed any error in passing the impugned order. The petition for interim maintenance was pending on record since 26.6.2022 and therefore, the respondent wife is legitimately entitled to get the interim maintenance upto 10.1.2023, the day on which the HMP for restitution of conjugal rights has been disposed of as withdrawn. In view of above, present petition is found to be one more attempt on the part of the petitioner to indulge the respondent wife in a litigation and thus, it is found to be abuse of process of law. 6. For the reasons stated above, under the limited jurisdiction of Article 227 of the Constitution of India, this Court !nds no error committed by the learned Family Court in passing the impugned judgment and order and therefore, present petition fails and stands dismissed with the cost of Rs.5000/- to be paid to the respondent wife within two weeks from the date of receipt of this order, failing which, she would be entitled to recover the same by executing present order along with the amount of interim maintenance granted by the learned Family Court. Direct service is permitted. (J. C. DOSHI,J) SHEKHAR P. BARVE p. 3 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 13/03/2026 15:42:50