BHAVIK ARVINDBHAI PADIYAversusPREETI BHAVIK PADIYA
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- C DOSHI
Holding
The petitions are disposed of as withdrawn, and the Family Court is directed to decide the custody matter within nine months.
Summary
The petitioners, represented by Mr. Maulik M. Soni, sought permission to withdraw their special civil applications (including a direction application) related to a custody matter (CMA No.108 of 2023). The High Court, after hearing counsel for both parties, granted the withdrawal and ordered the petitions to stand disposed of as withdrawn. The Court clarified that it had not examined the merits of the custody dispute, leaving all contentions open for determination by the appropriate Family Court. It directed the concerned Family Court to conclude the custody matter within nine months of receiving the order and to do so without being influenced by any observations in the impugned order. The parties were instructed to cooperate with the Family Court and avoid unnecessary adjournments for an expeditious disposal.
Issues considered
- Whether the petitioners may be permitted to withdraw their special civil applications
- Whether the High Court can dispose of the petitions without examining the merits of the underlying custody dispute
- Whether the Family Court should be directed to decide the custody matter within a specified time frame
Subjects
Judgment
C/SCA/7815/2024 ORDER DATED: 28/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7815 of 2024
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2024
In R/SPECIAL CIVIL APPLICATION NO. 7815 of 2024
With
R/SPECIAL CIVIL APPLICATION NO. 5654 of 2024
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BHAVIK ARVINDBHAI PADIYA
Versus
PREETI BHAVIK PADIYA
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Appearance:
MR. MAULIK M SONI(7249) for the Petitioner(s) No. 1
MR R G CHAUDHARY(6428) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 28/04/2026
ORDER
Learned advocate for the petitioners, upon instructions,
seeks permission to withdraw present petitions with an
innocuous relief to expedite CMA No.108 of 2023. Permission
granted. The petitions stand disposed of as withdrawn with
above liberty. Notice discharged. Consequently, CA does not
survive and stands disposed of accordingly.
Since, it is a custody matter being CMA No.108 of 2023,
the concerned learned Family Court is directed to conclude
the matter as early as possible, preferably within nine months
from the date of receipt of this order.
The learned Family Court shall decide the CMA on its own
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C/SCA/7815/2024 ORDER DATED: 28/04/2026
merit without influenced by the observations recorded in the
impugned order and the observations recorded in this order.
The parties are directed to cooperate with the learned Family
Court concerned and shall not seek unnecessary adjournments
for expeditious disposal of the CMA.
It is clarified that this Court has not examined the merits
of the matter and therefore, all the contentions of both the
parties are kept open to be agitated before the appropriate
Court.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 28/04/2026 16:08:26
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