PRASHANT GAJENDRABHAI CHAUHANversusDIPIKA W/O PRASHANT CHAUHAN D/O HASMUKHBHAI CHAVDA
- Disposal
- 56-DISPOSED AT ADMISSION STAGE
- Bench
- GITA GOPI
Holding
The order dated 21‑January‑2026 is set aside and the sentence warrant issued pursuant thereto is cancelled.
Summary
The High Court of Gujarat reviewed a criminal revision application filed by Prashant Gajendrabhaï Chauhan challenging a Family Court order that directed issuance of a sentence warrant for maintenance arrears of Rs.2,10,000. The applicant argued that the respondent‑wife had already deposited Rs.15,50,000, of which Rs.4,80,000 was treated as arrears and subsequently withdrawn, a fact not presented to the Family Court. The respondent’s counsel accepted that the amount had been deposited and withdrawn, rendering the warrant unnecessary. The Court examined the receipts and found that the arrears for the period March‑September 2024 had indeed been paid. Consequently, the Court set aside the Family Court’s order of 21‑January‑2026 and cancelled the sentence warrant, directing its recall. The petition was thereafter disposed of.
Issues considered
- Whether the Family Court’s order for issuance of a sentence warrant for maintenance arrears is valid when the alleged arrears have already been deposited and withdrawn by the respondent.
- Whether the order dated 21‑January‑2026 should be set aside and the sentence warrant cancelled.
Subjects
Judgment
R/CR.RA/1294/2026 ORDER DATED: 01/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1294
of 2026
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PRASHANT GAJENDRABHAI CHAUHAN
Versus
DIPIKA W/O PRASHANT CHAUHAN D/O HASMUKHBHAI CHAVDA & ORS.
==========================================================
Appearance:
MR KAVAN K PATEL(11303) for the Applicant(s) No. 1
MR DHANRAJ KHOSLA for the Respondent(s) No. 1, 2
MR PRANAV DHAGAT, APP for the Respondent(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/05/2026
ORDER
1. Challenge is given to the order dated 21.1.2026 passed by the
Family Court no.4, Rajkot in Criminal Misc. Application no.
1036 of 2024, whereby the sentence warrant was ordered to
be issued for the arrears of maintenance amount which was
recorded to be of Rs.2,10,000/-.
2. Learned advocate Mr. Kavan Patel, appearing for the
applicant, has referred to the order dated 5.3.2026 passed by
the Coordinate Bench in Criminal Revision Application (for
maintenance) no.2035 of 2025. It is submitted that in
Criminal Misc. Application no.1 of 2025 (for
withdrawal/disbursement of amount), the respondent–wife
Page 1 of 3
R/CR.RA/1294/2026 ORDER DATED: 01/05/2026
had sought permission to withdraw an amount of
Rs.4,80,000/-. It is further submitted that upon verification of
the payment details, it was revealed that an amount of
Rs.15,50,000/- had already been deposited, out of which
Rs.4,80,000/- was treated as arrears. The said amount of
Rs.4,80,000/- was deposited by cheque dated 23.10.2025
bearing no. 000110 drawn on HDFC Bank, Airoli Branch, Navi
Mumbai, Maharashtra, and the same was duly deposited
before the Registry of this Court and thereafter, withdrawn by
the respondent–wife and thus, Mr. Patel stated that this fact
was not apprised by the respondent or the lawyer on record
to the Family Court no.4, Rajkot and thus, the order came to
be passed in absence of any assistance to the Court on
21.1.2026.
3. Mr. Dhanraj Khosla, learned advocate has instructions to
appear for respondents no.1 and 2. Let Vakalatnama be
accepted. The said fact has been affirmed by the advocate for
the respondent stating that the sentence warrant, which has
been ordered, would now be with regard to the amount
already deposited and withdrawn by the respondent – wife
and thus, stated that the order would become infructuous.
Page 2 of 3
R/CR.RA/1294/2026 ORDER DATED: 01/05/2026
4. Having regard to the record, the receipts produced, and the
order of this Court, it appears that the amount of arrears for
the period from 4.3.2024 to 4.9.2024 to the tune of
Rs.2,10,000/- has already been deposited. In such
circumstances, the order dated 21.01.2026 cannot sustain
and deserves to be set aside. Thus, the order dated
21.1.2026 passed by the Family Court no.4, Rajkot in Criminal
Misc. Application no. 1036 of 2024 is set aside. The sentence
warrant issued pursuant thereto stands cancelled and shall be
recalled by Family Court no.4, Rajkot.
5. With these observations, this petition is disposed of. Direct
service is permitted.
(GITA GOPI,J)
Maulik
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAULIK RAJESH PANDYA(HC00205), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2026 17:43:01
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