High Court of Gujarat

VINITBHAI BHARATBHAI KHAMBAYTAversusSTATE OF GUJARAT

Disposal: 40-WITHDRAWN @ FH
Bench: P M RAVAL

Holding

The court granted permission to withdraw the revision application and vacated the interim relief, causing the related criminal miscellaneous application to cease.

Summary

The petitioner filed a criminal revision application seeking maintenance, along with a criminal miscellaneous application for vacating interim relief. The petitioner’s counsel requested permission to withdraw the revision because the parties had filed a consent divorce petition in the Family Court. The High Court allowed the withdrawal, thereby disposing of the revision as withdrawn and vacating the interim relief. Consequently, the related criminal miscellaneous application did not survive. The order was signed by Justice P. M. Raval on 17‑02‑2026.

Issues considered

Whether the court may permit withdrawal of a criminal revision application after filing of a consent divorce petition
Effect of withdrawal on the interim relief granted in the revision
Survival of the related criminal miscellaneous application upon withdrawal of the main revision

Subjects

revisionmaintenancewithdrawalinterim reliefcriminal miscellaneous applicationconsent divorcefamily court

Judgment

    R/CR.RA/1495/2024                          ORDER DATED: 17/02/2026




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL REVISION APPLICATION (FOR
           MAINTENANCE) NO. 1495 of 2024
                      With
    CRIMINAL MISC.APPLICATION (FOR VACATING
           INTERIM RELIEF) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 1495 of 2024

=================================================
         VINITBHAI BHARATBHAI KHAMBAYTA
                           Versus
              STATE OF GUJARAT & ANR.
=================================================
Appearance:
HIREN J TRIVEDI(8808) for the Applicant(s) No. 1
MR MEET D KAKADIA(11896) for the Respondent(s) No. 2
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
=================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                           Date : 17/02/2026

                           ORAL ORDER

      Learned advocate for the revisionist, upon instructions, seeks
permission to withdraw this application as the parties have filed the
consent divorce petition before the Family Court concerned.


      Permission, as prayed for, is granted.     This application is
disposed of as withdrawn. Notice is discharged. Interim relief shall
stand vacated forthwith.

                                Page 1 of 2
       R/CR.RA/1495/2024                                                            ORDER DATED: 17/02/2026




           In view of withdrawal of main revision application, Criminal
Misc. Application No. 1 of 2025 therein, does not survive.



                                                                                        [ P. M. Raval, J. ]
hiren/DB/2/49tss17226




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 17/02/2026 14:03:25



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