High Court of Gujarat

FIROZKHAN GULABKHAN PATHANversusSTATE OF GUJARAT

Disposal: 38-RULE ABSOLUTE/ALLOWED @ FH
Bench: HASMUKH D SUTHAR

Holding

The earlier maintenance order was quashed because the parties’ mutual settlement and divorce deed extinguished the basis for the order.

Summary

The husband (applicant) filed a revision under Sections 397 and 401 of the CrPC seeking to set aside a maintenance order dated 03‑12‑2011, which had been granted by the Family Court under Section 125 CrPC in favor of his wife and daughter. The marriage was solemnised in 2005, the wife left the matrimonial home in 2010 and obtained maintenance. Subsequently, the parties reached a mutual settlement, executed a divorce deed on 23‑11‑2022, and filed an affidavit confirming the settlement. The court noted that the dispute was now private and resolved by the parties. Accordingly, the revision application was allowed and the earlier maintenance order was quashed. The judgment was signed on 20‑03‑2026.

Issues considered

Whether a revision under Sections 397 and 401 CrPC can be entertained to quash a maintenance order when the parties have mutually settled and executed a divorce deed.

Legislation cited

Code of Criminal Procedures. 125, s. 397, s. 401

Subjects

maintenanceSection 125 CrPCrevisionfamily lawmutual consent divorcequash ordermatrimonial dispute

Judgment

     R/CR.RA/1084/2018                           JUDGMENT DATED: 20/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE)
                  NO. 1084 of 2018


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

============================================
      Approved for Reporting Yes    No

============================================
               FIROZKHAN GULABKHAN PATHAN
                             Versus
                  STATE OF GUJARAT & ORS.
============================================
Appearance:
MR IMRAN H PATHAN(3478) for the Applicant(s) No. 1
DR. KHUSHBU P VYAS(7040) for the Respondent(s) No. 2,3
HCLS COMMITTEE(4998) for the Respondent(s) No. 2,3
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 20/03/2026

                            ORAL JUDGMENT


1)       By way of present revision application under Sections 397 read

         with 401 of the Code of Criminal Procedure, the applicant has

         requested to quash and set aside the judgment and order dated

         03.12.2011 in Criminal Misc. Application No. 128 of 2010 passed

         by learned JMFC, Amod.

2)       Brief facts of the present case are that the marriage of the

         applicant and respondent no.2 was solemnized on 15.11.2005



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     R/CR.RA/1084/2018                                     JUDGMENT DATED: 20/03/2026




         according to Muslim Shariyat at Ahmedabad and out of their

         wedlock one daughter namely Farjana i.e. respondent no.3. On

         17.10.2010, the respondnet no.2 left her matrimonial house

         without any sufficient reason and started residing at her parental

         house at Amod, District – Bharuch. That, on 15.11.2010,

         respondent      no.2    had    filed    application   ie.,   Criminal      Misc.

         Application No.128 of 2010 for maintenance under Section 125

         of the Code of Criminal Procedure. After concluding the

         application, learned Family Court has granted maintenance of

         Rs.2,500/-      per    month    to     the   respondent      no.2   wife    and

         Rs.1,000/- per month to the respondent no.3 daughter and that

         is how, the applicant has approached this court against the order

         dated 03.12.2011 passed by learned JMFC, Amod in Criminal

         Misc. Application No. 128 of 2010.


3)       Heard learned advocates for the respective parties.


4)       It appears that the settlement has been arrived at between the

         complainant and present applicant and they had decided to get

         their marriage dissolved by mutual consent and both the parties

         agreed that all the matrimonial disputes between them and their

         family members had come to an end by executing Divorce Deed

         dated 23.11.2022, which has been confirmed by the Affidavit

         dated 01.12.2022, which is placed on record. As the dispute is

         private in nature taking into account the fact of settlement,


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     R/CR.RA/1084/2018                                                             JUDGMENT DATED: 20/03/2026




          present application is required to be allowed.


5)        As a result, the present revision application is allowed. The

          judgment and order dated 03.12.2011 passed by learned JMFC,

          Amod in Criminal Misc. Application No. 128 of 2010, is hereby

          quashed and set aside.


6)        Rule is made absolute to aforesaid extent.




                                                                           (HASMUKH D. SUTHAR,J)

ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 23/03/2026 18:24:53




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