Created byFuzzy Cloud

High Court of Gujarat

NARESHBHAI BHIKHABHAI MAKWANAversusSTATE OF GUJARAT

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The court granted permission to withdraw the application, disposing of it as withdrawn.

Summary

The applicant, Nareshbhai Bhikhabhai Makwana, filed a criminal miscellaneous application seeking condonation of delay in a maintenance order. He later informed the court that the child for whom maintenance was ordered is now staying with him, constituting a change of circumstances. On this basis, his counsel requested permission to withdraw the pending application and instead approach the Family Court to set aside the maintenance order. The learned judge considered whether the court could allow the withdrawal given the change in facts. Permission to withdraw was granted, and the application was ordered to stand disposed of as withdrawn. No substantive merits of the original condonation request were adjudicated.

Issues considered

  • Whether the court may permit withdrawal of a criminal miscellaneous application on the ground of changed circumstances

Subjects

condonation of delaywithdrawal of applicationchange of circumstancesmaintenance orderfamily court

Judgment

   R/CR.MA/10781/2026                                       ORDER DATED: 06/05/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        10781 of 2026
                             In
         F/CRIMINAL REVISION APPLICATION/19653/2026

================================================================
                    NARESHBHAI BHIKHABHAI MAKWANA
                                Versus
                       STATE OF GUJARAT & ORS.
================================================================
Appearance:
MANAN V PATEL(8059) for the Applicant(s) No. 1
MR NIRAJ SHARMA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 06/05/2026

                                  ORDER


  1. Heard learned advocate for the applicant, who submitted
      that there has been change of circumstances as qua the
      child for whom the maintenance amount was ordered to
      be paid is now staying with the applicant.



  2. Hence,         learned   advocate          for   the     applicant        seeks
      permission to withdraw the present application, as he
      proposes to move the learned Family Court for setting
      aside the order.



  3. Permission as prayed for is granted.




                                  Page 1 of 2
          R/CR.MA/10781/2026                                                          ORDER DATED: 06/05/2026




         4. With          the       aforesaid            liberty,         the       application             stands
              disposed of as withdrawn.

                                                                                                         Sd/-

                                                                                                 (GITA GOPI, J)
    CAROLINE / # 16

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 06/05/2026 17:40:41




                                                        Page 2 of 2


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "condonation of delay"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.