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Bombay High Court

NILESH HARISHCHANDRA SURYAVANSHIversusMANISHA NILESH SURYAVANSHI

Decided
Disposal
Disposed Off

Holding

The writ petition is allowed and the Family Court is directed to decide the matrimonial petition within one year.

Summary

The petitioners, Vaishali and Anil, filed a writ petition seeking the speedy disposal of their matrimonial petition (No. A/100397/2017) pending before the Family Court in Mumbai since 2017. They requested that the Family Court decide the matter within a specified time frame. The respondents, Tikam and Manisha Nilesh Suryavanshi, argued that the family court proceedings were ongoing and asked for the writ petition to be dismissed. The High Court, noting the prolonged pendency of the matrimonial case, allowed the writ petition and directed the Family Court to render a decision as early as possible, preferably within one year of the order. Consequently, the writ petition was disposed of in accordance with the court’s directions.

Issues considered

  • Whether a writ petition can be entertained to expedite matrimonial proceedings pending before a Family Court
  • Whether the High Court can direct a time‑bound disposal of a matrimonial petition pending before the Family Court

Subjects

  • maternity dispute
  • family court
  • expeditious hearing
  • writ petition
  • time‑bound disposal
  • civil appellate jurisdiction

Judgment

                                                                            102-WP-11549-2026 (C).doc

                   Tikam

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 11549 OF 2026

VAISHALI               Nilesh Harishchandra Suryavanshi               ...Petitioner/s
ANIL                   VERSUS
TIKAM                  Manisha Nilesh Suryavanshi                     ...Respondent/s
Digitally signed
by VAISHALI            _________________________________________________________________
ANIL TIKAM
Date:                  Ms. Gazala Parveen Shaikh i/by Pradnya G. Virale, Advocate for the
2026.09.30
10:37:45 +0530         Petitioner.
                       Ms. Bhavana Mhatre, Advocate for the Respondent.
                       _________________________________________________________________

                                                              CORAM     :   SHIVKUMAR DIGE, J.
                                                              DATE      :   28th SEPTEMBER 2026.
                       P.C. :
                       1.         Heard learned counsel for the Petitioner and Respondent.

                       2.         By this Petition, the Petitioner is seeking to expedite the hearing

                       and dispose of the Matrimonial Petition No. A/100397/2017 as

                       expeditiously as possible and within time limitation.

                       3.         Learned counsel for the Respondent submits that the

                       proceedings before the Family Court is in progress. Hence, requested to

                       dismiss the Petition.

                       4.         I have heard both learned counsel. As the petition is pending

                       since 2017, considering this fact, I pass following order:

                                                          ORDER

                       (i)        Writ Petition is allowed.

                       (ii)       The Learned Family Court at Mumbai shall decide the Petition


                                                        Page 1 of 2
                                                     102-WP-11549-2026 (C).doc

Tikam

            No. A/100397/2017 as early as possible and preferably within

            one year after receipt of this order.

    (iii)   Writ Petition is disposed of accordingly.



                                                (SHIVKUMAR DIGE, J.)




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