High Court of Gujarat

SHWETA PRAKASH AMINversusSTATE OF GUJARAT

Disposal: 42-RULE DISCHARGED @ FH
Bench: HASMUKH D SUTHAR

Holding

The revision application is disposed of as there is no ground to interfere with the Family Court order after the child’s majority and full compliance by the respondent.

Summary

The petitioners filed a criminal revision (R/CR.RA/798/2009) challenging a Family Court order dated 07.10.2009 that directed the respondent to pay Rs.5,000 monthly as maintenance to the petitioners' minor son. During the pendency of the revision, the son attained majority in 2016, and the respondent fully complied with the maintenance order, with no arrears due. The court noted that the purpose of the maintenance order ceased upon the child reaching majority and that the respondent had fulfilled his obligations. Consequently, the court found no ground to interfere with the Family Court's order and disposed of the revision application. The court ordered the school leaving certificate of the son to be taken on record and left the matter open for revival if any difficulty arises.

Issues considered

Whether the revision application challenging the Family Court's maintenance order should be entertained after the child attained majority and the respondent complied fully with the order.

Subjects

maintenancefamily courtrevisionminormajoritycomplianceorder disposal

Judgment

        R/CR.RA/798/2009                                                       ORDER DATED: 02/04/2026




                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/CRIMINAL REVISION APPLICATION NO. 798 of 2009
 ==========================================================
                                SHWETA PRAKASH AMIN & ANR.
                                           Versus
                                  STATE OF GUJARAT & ANR.
 ==========================================================
 Appearance:
 MR MAKHDUM Y MALEK(2263) for the Applicant(s) No. 1,2
 MR HARSH RACHCHHA, FOR MR DIPAN DESAI(2481) for the Resp. No. 2
 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
 ==========================================================
      CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                             Date : 02/04/2026

                                               ORAL ORDER
 1.        Heard Mr. Harsh Rachchha, learned counsel for Mr.Dipan Desai, learned

 counsel for respondent No.2. Though the matter is called out twice, neither the

 applicants nor learned advocate for the applicants Mr. Malek has remained present.


 2.        By way of this revision application, the applicants have challenged the order

 dated 07.10.2009 passed by learned Family Court No.3, Ahmedabad, in CRMA

 No.562/2005 below Exh:52 granting maintenance of Rs.5000/- to minor son of

 present applicants from respondent No.2 from 28.02.2005.


 3.        From the record and the submission made by the learned counsel for

 respondent No. 2, it appears that in the year 2016, during the pendency of the

 revision application, the minor son attained majority. Further, until the minor son

 attained majority, respondent No. 2 fully complied with the impugned order, and

 till date, no arrear amount is due and payable.


 4.        In view of the above, nothing is required to be decided further in the

 matter. Hence, present application stands disposed of. It is open for the applicants

 to revive in case of any difficulty. School leaving certificate of son is ordered to be
 taken on record. Rule is discharged.


                                                                          (HASMUKH D. SUTHAR,J)
 SUCHIT
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 02/04/2026 15:27:19

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