Bombay High Court
RAFIYA BI SHAIKHversusABDUL SAMAD SHAIKH SONE SHRI XEC ZAHIDA ALLY MUZAVOR
- Decided
- Disposal
- Disposed Off
Holding
The High Court may order the Family Court to expedite pending proceedings to ensure speedy justice.
Summary
The petitioner, Rafiya Bi Shaikh, filed a writ petition before the Bombay High Court seeking an order to expedite several matters pending before the Family Court at Pune, namely a maintenance case (P.E.No.44 of 2023), a divorce petition (P.A.No.211 of 2023), a criminal matter (M.A.No.39 of 2023) and another petition (P.D.No.67 of 2023). The petitioner’s counsel, Mr. Sandeep Kumar Singh, argued that the proceedings had been unduly delayed since 2023. The Court considered whether it could direct the Family Court to accelerate the hearing of these matters. Relying on its inherent powers to ensure speedy justice, the Court allowed the writ petition. It ordered the Family Court to expedite the listed cases as early as possible and subsequently disposed of the writ petition.
Issues considered
- Whether the High Court can direct the Family Court to expedite pending proceedings under its inherent powers?
Subjects
- expedition of proceedings
- family court
- maintenance
- divorce
- criminal matters
- writ petition
- high court order
Judgment
77-WP-3943-2026 (C).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3943 OF 2026
Rafiya Bi Shaikh ...Petitioner
VERSUS
Abdul Samad Shaikh
Son of Shri Xec Zahida Ally Muzavor ...Respondent
SONALI SATISH
Digitally signed
by SONALI
SATISH Date:
KILAJE
KILAJE 2026.09.02
14:59:20 +0530
_________________________________________________________________
Mr. Sandeep Kumar Singh, Advocate for Petitioner.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 1st SEPTEMBER, 2026.
P.C. :
1. By this Petition, the petitioner is praying to expedite the
proceeding pending before the Family Court at Pune since year 2023.
2. Considering the submission of learned counsel for the
Petitioner, I pass following order.
ORDER
i. Petition is allowed.
ii. The learned Family Court at Pune shall expedite the
hearing of Maintenance P.E.No. 44 of 2023; Divorce
P.A. No. 211 of 2023; Criminal M.A.No. 39 of 2023
and P.D.No. 67 of 2023, as early as possible.
3. Writ Petition is disposed of.
(SHIVKUMAR DIGE, J.)
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