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NEUTRAL CITATION

R/CR.RA/576/2018 JUDGMENT DATED: 06/04/2026

0.2754118346328843

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 576 of

2018 With CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2020

In R/CRIMINAL REVISION APPLICATION NO. 576 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

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

KEYUR BIPINCHANDRA SHAH Versus DIPALIBEN KEYURBHAI SHAH D/O GAUTAMBHAI SHAMALDAS SHAH &

ANR.

==========================================================

Appearance:

MR NILESH A PANDYA(549) for the Applicant(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 2

RICHA SHAH(7541) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 06/04/2026

ORAL JUDGMENT

1. When the matter was called out today, none appeared for the applicant. Even on the earlier dates fixed in the matter, none had remained present on behalf of the applicant. Therefore, it clearly appears that the applicant is not interested in prosecuting the present matter. Hence, in view of the judgment of the Hon’ble Apex Court in the case of Taj Mohammad v. State of Uttar Pradesh, decided on 11.08.2023 in Criminal Appeal No.2421 of 2023, this Court has considered the averments made in the application as well as the material placed on record and has proceeded to decide the matter in the absence

of the applicant based on available material on record.

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NEUTRAL CITATION

R/CR.RA/576/2018 JUDGMENT DATED: 06/04/2026

0.2754118346328843

2. By way of the present application, the applicant has requested this Court to quash and set aside the judgment and order dated 16.04.2018 passed by the learned Principal Judge, Family Court No.1, Ahmedabad in Criminal Misc. Application

No.1860 of 2013.

3. It is the case of the applicant that the respondent No.1 filed an application under Section 125 of the Cr.P.C. claiming maintenance of Rs.30,000/- per month on the ground that after her marriage with the petitioner on 09.09.2012, she was subjected to mental and physical harassment by the petitioner and his family members, was treated like a servant, and was ultimately driven out of the matrimonial home. She alleged that the petitioner, who is an M.Tech (IT) graduate from Australia and working as a software engineer, was earning Rs.50,000/- to Rs.60,000/- per month, whereas his father was also earning substantial income. The petitioner, while admitting the marriage, denied all allegations of harassment and contended that the respondent No.1 was employed as an Administrator in GTU, earning Rs.25,000/- to Rs.30,000/- per month, having rental income, movable assets, insurance policies, bank accounts and being financially capable of maintaining herself. During the proceedings, both sides led oral and documentary evidence. The Family Court observed that the respondent No.1 was well qualified, employed, earning income and had suppressed material facts regarding her employment and assets. The Court further observed that the respondent No.1 had herself left the matrimonial home and that the petitioner had booked tickets for Australia, but she was unwilling to travel. Despite these findings,

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NEUTRAL CITATION

R/CR.RA/576/2018 JUDGMENT DATED: 06/04/2026

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the Family Court partly allowed the application and awarded maintenance of Rs.15,000/- per month from 22.08.2013 along with Rs.7,500/- towards litigation expenses, while also directing the respondent No.1 to deposit Rs.5,000/- with the Government

for filing a false affidavit.

4. Heard