High Court of Gujarat

MANOJBHAI JAYANTIBHAI TALPADAversusSTATE OF GUJARAT

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: S V PINTO

Holding

Permission to withdraw the criminal revision application is granted, and the matter stands disposed as withdrawn.

Summary

Manojbhai Jayantibhai Talpada was sentenced to 510 days’ simple imprisonment for failing to pay maintenance arrears of Rs 1,20,000 and a cost of Rs 2,000, as ordered by the Principal Judge of the Family Court, Anand. The applicant subsequently deposited Rs 60,000 towards the arrears and, by 14 August 2026, had already served six months and nine days of the sentence. He filed a criminal revision application seeking relief, but later requested permission to withdraw the application, reserving the right to approach the Family Court for release. The learned counsel for the applicant argued that the partial payment and time already served satisfied the punitive aspect of the sentence. The Court granted permission to withdraw the revision and ordered the matter to stand disposed as withdrawn, while directing the Family Court to consider any further application on merits. The order emphasizes that the applicant may still seek relief from the Family Court despite the withdrawal of the revision application.

Issues considered

Whether a criminal revision application for non‑payment of maintenance can be withdrawn after the applicant has partially paid the arrears and served part of the imprisonment sentence
Whether the Family Court may be directed to consider any subsequent application for release on the basis of the partial payment and time served

Subjects

maintenancecriminal revisionfamily courtimprisonment for non‑payment of maintenancewithdrawal of applicationpartial payment

Judgment

     R/CR.RA/2019/2026                                      ORDER DATED: 14/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 2019
                           of 2026
==========================================================
                         MANOJBHAI JAYANTIBHAI TALPADA
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR DAX K SOLANKI(12696) for the Applicant(s) No. 1
MR M A CHAUHAN(11262) for the Respondent(s) No. 2,3
MS. C.M. SHAH, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                                  Date : 14/08/2026

                                    ORAL ORDER


1.     Heard learned advocate Mr. Dax K. Solanki for the

applicant,       learned       advocate     Mr.      M.A.   Chauhan         for       the

respondent Nos.2 and 3, and learned APP Ms. C.M. Shah for the

respondent No.1 – State.


2.     Learned advocate for the applicant submits that the

applicant has been sentenced to simple imprisonment of 510

days for non-payment of arrears of maintenance of Rs.1,20,000/-

and cost of Rs.2000/- by the order dated 05.02.2026 passed by

the learned Principal Judge, Family Court, Anand in Criminal

Misc. Application No.319 of 2025. Learned advocate further

submits      that        the   applicant   has      deposited    an     amount         of

Rs.60,000/- towards the outstanding amount of maintenance vide




                                      Page 1 of 2
      R/CR.RA/2019/2026                                                  ORDER DATED: 14/08/2026




receipt No.0548824 in Criminal Misc. Application No.319 of

2025 before the Family Court, Anand.


3.       Learned APP produces the jails remarks, which re5ects

that the applicant has undergone six months and nine days in

prison as on 14.08.2026, which is taken on record.


4.       In view of the same, learned advocate for the applicant

seeks permission to withdraw the present application, reserving

liberty to 7le an appropriate application for release before the

learned Family Court, Anand, as he has paid the proportionate

outstanding amount of arrears of maintenance and has already

undergone the sentence regarding the other outstanding arrears

of maintenance.


5.       Permission as sought for is granted. Matter stands disposed

of as withdrawn with the above liberty.


6.       The learned Family Court, Anand to consider on merits the

application if any 7led by the applicant in view of the fact that

the applicant has already undergone six months and nine                                            days

of imprisonment and has also deposited an amount of Rs.60,000/-

towards the outstanding amount of arrears of maintenance.




                                                                                     (S. V. PINTO,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 14/08/2026 17:49:06

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