Bombay High Court
SHINY PANIGRAHIversusABHINASH MOHAPATRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is allowed and the subordinate court must dispose of the Hindu marriage petition within one year.
Summary
The petitioner, Vaishali Shiny Panigrahi, filed a writ petition seeking the expeditious hearing and disposal of Hindu Marriage Petition No. 280 of 2023 pending before the Civil Judge, Senior Division, Panvel, which had been delayed for about three years. The High Court considered whether it could direct a subordinate court to accelerate the proceedings. After hearing counsel for both parties and the State, the Court held that the delay warranted intervention. It allowed the writ petition and ordered the Civil Judge to dispose of the marriage petition as early as possible, preferably within one year of the order. The writ petition was consequently disposed of in favor of the petitioner.
Issues considered
- Whether the High Court can issue a direction to a subordinate court to expedite a pending Hindu marriage petition due to undue delay?
Subjects
- Hindu marriage
- Writ petition
- Expeditious disposal
- Civil Procedure Code
- Judicial delay
Judgment
86-WP-13859-2025 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13859 OF 2025
VAISHALI Shiny Panigrahi ...Petitioner/s
ANIL VERSUS
TIKAM
Abhinash Mohapatra And Anr ...Respondent/s
Digitally signed
by VAISHALI
ANIL TIKAM
Date:
_________________________________________________________________
2026.09.07
13:48:56 +0530
Mr. Harsh P. Dedhia, Advocate for Petitioner.
Mr. Dhrumil Joshi. Advocate for Respondent No.1.
Ms. Dhruti Kapadia, AGP for State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 2nd SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for the Petitioner, Respondent No.1 and
learned AGP for State.
2. By this Petition, the Petitioner is seeking to expedite the hearing
and dispose of the Hindu Marriage Petition No. 280 of 2023 pending
before the Civil Judge, Senior Division, Panvel.
3. I have heard all learned counsel. Considering the submissions
of all learned counsel and as the Marriage Petition is pending around three
years, I pass following order:
ORDER
(i) Writ Petition is allowed.
(ii) The Civil Judge, Senior Division, Panvel shall expedite the
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86-WP-13859-2025 (C).doc
Tikam
hearing of Hindu Marriage Petition No. 280 of 2023 and disposed of as
early as possible, preferably within one year after receipt of this order.
Writ Petition is disposed of accordingly.
(SHIVKUMAR DIGE, J.)
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