MUKESHKUMAR JUMAMAL LAKHWANIversusMANISHABEN @ ASHABEN W/O MUKESHKUMAR JUMALAL LAKHWANI
- Disposal
- DISPOSED AS INFRUCTUOUS
- Bench
- HASMUKH D SUTHAR
Holding
The revision application is dismissed as infructuous because the petitioner and his children have attained majority, extinguishing the right to maintenance.
Summary
The petitioner, MUKESHKUMAR JUMAMAL LAKHWANI, filed a criminal revision seeking to set aside a maintenance order dated 30 June 2011 passed by the Family Court, Godhra, in Criminal Misc. Application No. 866/2008. The revision was filed in 2011, but the matter was adjourned in 2025 and no further compliance was recorded. The court noted that the petitioner, now aged 38, and his two children, who were minors at the time of filing, have attained the age of majority, and therefore the right to claim maintenance no longer subsists. Consequently, the court held that the cause of action had become infructuous and there was no merit in continuing the litigation. The revision application was therefore disposed of as infructuous, with a clarification that any pending recovery proceedings could still be pursued by the respondent wife. The interim relief previously granted was vacated.
Issues considered
- Whether the maintenance order remains enforceable when the petitioner and his children have attained the age of majority.
- Whether the revision application is infructuous and should be dismissed.
Subjects
Judgment
R/CR.RA/557/2011 ORDER DATED: 12/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 557 of 2011
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MUKESHKUMAR JUMAMAL LAKHWANI
Versus
MANISHABEN @ ASHABEN W/O MUKESHKUMAR JUMALAL LAKHWANI &
ORS.
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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
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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
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R/CR.RA/557/2011 ORDER DATED: 12/03/2026
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
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/03/2026 17:11:23
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