Bombay High Court
GHANSHYAM JAYANTIBHAI WAGHELAversusTHE STATE OF MAHARASHTRA THR THE GOVERNMENT PLEADER AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court ordered the Family Court to decide the pending petition within six months, thereby granting the relief sought in the writ petition.
Summary
The petitioner filed a writ petition seeking an order to expedite the hearing of his earlier petition (A‑1197 of 2016) filed under Section 13(1)(a) of the Hindu Marriage Act, 1955, which was pending before Family Court No.4, Bandra, Mumbai. No counsel appeared for the petitioner. The High Court, without examining the merits of the underlying marriage petition, directed the Family Court to dispose of the pending petition preferably within six months from the date of the order, subject to any impediment. Consequently, the writ petition was disposed. The order reflects the Court’s power to direct lower courts to expedite proceedings to prevent undue delay.
Issues considered
- What is the scope of a writ petition seeking direction to a Family Court to expedite a pending matrimonial case?
- Does the High Court have jurisdiction to issue a time‑bound directive to a Family Court without adjudicating the merits of the underlying petition?
Legislation cited
- Hindu Marriage Act, 1955 — s. 13(1)(a)
Subjects
- writ petition
- family court
- Hindu Marriage Act
- expedited hearing
- Civil Appellate Jurisdiction
- Section 13(1)(a)
- delay in matrimonial proceedings
Judgment
PDP 44-WP-2100-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2100 OF 2025
Ghanshyam Jayantibhai Waghela .. Petitioner
Vs.
The State of Maharashtra & Anr. .. Respondents
...
None for the Petitioner.
Mrs. Neha S. Bhide, Government Pleader with Mr. B. V. Samant,
Addl. Govt. Pleader and Mrs. Y. D. Patil, AGP for Respondent No.1-
State.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 10th SEPTEMBER, 2026.
P.C. :
1. None appears for the petitioner.
2. As we have perused the record we find that the relief is
confined only to expedite the hearing of the Petition No.A-1197 of
2016 filed by the petitioner against the respondent no.2 under Section
13(1)(a) of the Hindu Marriage Act, 1955 pending before the Family
Court No.4, Bandra, Mumbai.
3. Be that as it may, without adverting to the merits of the
matter, we direct the Family Court No.4, Bandra, Mumbai to decide
the Petition No.A-1197 of 2016 pending before it preferably within a
period of six months from today, in case there is no other
1
PDP 44-WP-2100-2025.doc
impediment.
4. In view of the above, the Writ Petition is disposed of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
Digitally signed
by PRAVIN
DASHARATH
PRAVIN PANDIT
DASHARATH
Date:
PANDIT 2026.09.11
18:39:17
+0530
2
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