MIHAN MINOR THROUGH NATURAL GUARDIAN PRITI BHAVIK PADIYAversusBHAVIK ARVINDBHAI PADIYA
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- C DOSHI
Holding
The court allowed the withdrawal of the petitions and ordered the Family Court to decide the custody matter within nine months.
Summary
The petitioners sought the court's permission to withdraw their special civil applications relating to a custody matter (CMA No.108 of 2023). The Hon'ble Justice J.C. Doshi granted the request, ordering the petitions to stand disposed of as withdrawn and discharging the notice. The court clarified that the withdrawal does not affect the pending custody case before the Family Court, directing that court to conclude the matter within nine months of this order. The Family Court was instructed to decide the case on its merits without being influenced by any observations in the impugned order or this order. Both parties were urged to cooperate and avoid unnecessary adjournments, and the court noted it had not examined the merits of the custody dispute.
Issues considered
- Whether the petitioner may be permitted to withdraw the special civil applications.
- Whether the court can direct the Family Court 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 The petitions stand disposed of as withdrawn with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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