High Court of Gujarat

POONAMBEN W/O SHAILESHBHAI MERJAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: P M RAVAL

Holding

The Court may grant permission to withdraw the criminal revision application and discharge the rule without addressing the merits.

Summary

The petitioner, Poonamben, filed a criminal revision application seeking maintenance against the State of Gujarat and others. The petitioner later informed the Court that a divorce decree had been passed, rendering the maintenance claim moot. The petitioner, through counsel, requested permission to withdraw the application. The Court considered whether it could allow the withdrawal of a pending revision application. It granted the request, ordered the application to be disposed of as withdrawn, and discharged the rule, noting that it did not examine the merits of the case. Consequently, the application was closed without any substantive adjudication on the maintenance claim.

Issues considered

Whether the Court may permit the withdrawal of a criminal revision application for maintenance after the decree of divorce has been passed

Subjects

maintenancecriminal revisionwithdrawal of applicationdivorce decreecourt order

Judgment

        R/CR.RA/1263/2017                                                             ORDER DATED: 27/01/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CRIMINAL REVISION APPLICATION (FOR
                       MAINTENANCE) NO. 1263 of 2017

 =================================================
            POONAMBEN W/O SHAILESHBHAI MERJA
                              Versus
                 STATE OF GUJARAT & ANR.
 =================================================
 Appearance:
 HCLS COMMITTEE(4998) for the Applicant(s) No. 1
 MR NILESH I JANI(3558) for the Applicant(s) No. 1
 MR ROHAN RAVAL, APP for the Respondent(s) No. 1
 RULE SERVED for the Respondent(s) No. 2
 =================================================

   CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                               Date : 27/01/2026

                                                ORAL ORDER

            Learned advocate for the applicant, upon instructions, seeks
 permission to withdraw this application in view of the fact that the
 divorce decree is passed.


            Permission, as prayed for, is granted. This application is disposed
 of as withdrawn. Rule is discharged.


            It is clarified that this Court has not gone into the merits of the
 case.

                                                                                            [ P. M. Raval, J. ]
 hiren/DB-III-20tss27126

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/01/2026 15:04:02
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