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Gujarat High Court
Vinod Dilip Hendre vs Kaliyani Vinod Hendre on 13 March, 2026
NEUTRAL CITATION
C/SCA/3268/2023 ORDER DATED: 13/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3268 of 2023
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VINOD DILIP HENDRE
Versus
KALIYANI VINOD HENDRE
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Appearance:
MR NASIR SAIYED(6145) for the Petitioner(s) No. 1
MS RV ACHARYA(1124) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 13/03/2026
ORDER
1. The order passed below Exh.16 in HMP No.20 of 2021 is
in challenge by the petitioner husband by way of filing present
SCA under Article 227 of the Constitution of India.
2. The facts of the case are that the petitioner has filed the
HMP u/s 9 of the Hindu Marriage Act, 1955 (in short "the
Act") for restitution of conjugal rights. During pendency of
this petition, the respondent wife has filed an application u/s
24 of the Act on 26.6.2022 (gathered from para 6 of the
affidavit-in-reply at page 21), which was not contested by the
petitioner by filing any reply. Therefore, right right of the
petitioner to reply is closed on 10.11.2022.
2.1 The learned Family Court, Bharuch vide order dated
10.1.2023 partly allowed the application of the respondent
wife by directing the petitioner to pay interim maintenance of
NEUTRAL CITATION
C/SCA/3268/2023 ORDER DATED: 13/03/2026
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Rs.7000/- per month to the respondent wife from the date of
the application till final disposal of the HMP.
2.2 Having found that some adverse order has been passed
by the learned Family Court, the petitioner withdrew the HMP
by filing withdrawal pursis at Exh.20 on 10.1.2023. In other
words, the petitioner has withdrawn the HMP unconditionally.
3. In the aforesaid facts, learned advocate Mr. Saiyed for
the petitioner made solitary argument that since now, the
HMP filed for restitution of conjugal rights is not pending
before the learned Family Court, there is no occasion arose to
pass any order for interim maintenance u/s 21 of the Act and
thus, as per his submission, the learned Family Court has
committed serious error in passing order of the interim
maintenance. Upon such submission, he prays to allow this
petition.
4. On the other hand, learned advocate Ms. Acharya for the
respondent wife while supporting the impugned judgment and
order, would submit that the impugned order passed below
application filed u/s 24 of the Act may pass later on, but it
would take effect on the date the application was filed and
therefore, the petitioner is responsible to pay the interim
maintenance from the date of the petition till the HMP is
disposed of.
5. Having heard learned advocates for the respective
parties and considering the factual aspects, I am of the
considered opinion that the learned Family Court has not
NEUTRAL CITATION
C/SCA/3268/2023 ORDER DATED: 13/03/2026
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committed any error in passing the impugned order. The
petition for interim maintenance was pending on record since
26.6.2022 and therefore, the respondent wife is legitimately
entitled to get the interim maintenance upto 10.1.2023, the
day on which the HMP for restitution of conjugal rights has
been disposed of as withdrawn. In view of above, present
petition is found to be one more attempt on the part of the
petitioner to indulge the respondent wife in a litigation and
thus, it is found to be abuse of process of law.
6. For the reasons stated above, under the limited
jurisdiction of Article 227 of the Constitution of India, this
Court finds no error committed by the learned Family Court in
passing the impugned judgment and order and therefore,
present petition fails and stands dismissed with the cost of
Rs.5000/- to be paid to the respondent wife within two weeks
from the date of receipt of this order, failing which, she would
be entitled to recover the same by executing present order
along with the amount of interim maintenance granted by the
learned Family Court.
Direct service is permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
