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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION NO. 557 of 2011 ========================================================== MUKESHKUMAR JUMAMAL LAKHWANI Versus MANISHABEN @ ASHABEN W/O MUKESHKUMAR JUMALAL LAKHWANI & ORS. ========================================================== Appearance: MS SHALINI S MAIR(2681) for the Applicant(s) No. 1 DS AFF.NOT FILED (R) for the Respondent(s) No. 2,3 MR MA KHARADI(1032) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/03/2026 ORAL ORDER By way of present revision application, which is filed in the year 2011, the applicant has assailed the order dated 30.06.2011 passed by the learned Family Court, Godhra, Panchmahal in Criminal Misc. Application No.866/2008. Vide order dated 18.03.2025, the coordinate Bench at the joint request made by the learned advocates for the respective parties so as to ascertain as to whether the cause survives in the matter or not, was pleased to adjourn the matter to 24.04.2025. Thereafter, nothing is placed on record with regard to the compliance of order dated 24.04.2025. Perusing the record, it appears that the applicant – original opponent – husband has assailed the order dated 30.06.2011 of maintenance passed by the learned Family Judge, Godhra, Panchmahal in Criminal Misc. Application No.866/2008. It further appears that in the year 2008, when the CR.MA No.866/2008 was p. 2 filed, the applicant was aged 38 years and two minors were aged respectively 9 years and 6 years. It is undisputed and admitted fact that after attaining the age of majority, question of entitlement for maintenance does not arise. Hence, it prima facie appears that in the present matter no cause survives and therefore, there is no point in continuing such litigation. Hence, present application stands disposed of as having become infructuous. However, it is made clear that if any recovery proceeding is going on, it will be open for the respondent – wife to pursue the same in accordance with law. Rule is hereby discharged. Ad-interim relief granted earlier stands vacated forthwith.
(HASMUKH D. SUTHAR, J.) Ajay