Synopsis

The applicant (father, aged 55) filed a maintenance application against his son (aged 28) before the Family Court. The father was already paying maintenance to the son’s mother (his former wife) under a Domestic Violence Act order. He had remarried and had another daughter. The Family Court rejected the father’s application, observing that the father was able-bodied and earning, had transferred property to avoid payment, and that the maintenance claim from the son was a tactic to scuttle the mother’s DV proceedings. The High Court dismissed the revision, finding no cause for the father to claim maintenance from his son.

Court: High Court of Gujarat at Ahmedabad

Coram: Hon’ble Ms. Justice Gita Gopi (Single Judge)

Date of Judgment: 5th May 2026

Citation: R/Criminal Revision Application (For Maintenance) No. 1349 of 2026 (unreported)

Core Law: Criminal Procedure – Maintenance under Section 125 CrPC (or corresponding BNSS); Family law – Muslim personal law.

1. Heading of the judgment

High court of gujarat at ahmedabad

R/criminal revision application (for maintenance) no. 1349 of 2026

Aarifbhai ismailbhai radhanpuri (applicant) vs. State of gujarat & anr (respondents)

Coram: hon’ble ms. justice gita gopi

Date: 5th may, 2026

2. Legal framework

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