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Bombay High Court

VICKY PRAKASH PHULWANIversusAPARNA VICKY PHULWANI @ DR. APARNA SURESH CHHUGANI AND ANR

Decided
Disposal
Disposed Off

Holding

The Family Court at Bandra, Mumbai, must dispose of case No. D-24 of 2018 within one year from the date of the order, and the petitioner may file separate proceedings for the remaining prayer clauses.

Summary

The petitioner, Vicky Prakash Phulwani, filed a criminal writ petition seeking a direction that the Family Court in Bandra expedite the disposal of case No. D-24 of 2018, which had been pending since 2018. The petitioner also requested liberty to file separate proceedings concerning specific prayer clauses. The respondent, Dr. Aparna Suresh Chhugani, opposed the petition but did not contest the need for expeditious disposal. The Court, after hearing counsel, partially allowed the writ and ordered the Family Court to dispose of the pending case within one year of the order. Additionally, the petitioner was permitted to initiate separate proceedings for the remaining prayer clauses. The writ petition was thereafter disposed.

Issues considered

  • Whether the Family Court should be directed to expedite the disposal of case No. D-24 of 2018 within a specified time frame
  • Whether the petitioner may file separate proceedings for the remaining prayer clauses

Subjects

  • Family Court
  • expeditious hearing
  • writ petition
  • civil procedure
  • case disposal
  • separate proceedings

Judgment

                                                                                           70-WP-3956-2026 (CR).doc

                             S.S.Kilaje


                                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                         CRIMINAL APPELLATE JURISDICTION

                                                     CRIMINAL WRIT PETITION NO. 3956 OF 2026

                                      Vicky Prakash Phulwani                                     ...Petitioner/s
                                      VERSUS
                                      Aparna Vicky Phulwani @
          Digitally signed
                                      Dr. Aparna Suresh Chhugani And Anr
SONALI by SONALI
       SATISH KILAJE
SATISH Date:
       2026.09.29
KILAJE 16:05:37
                                                                                                 ...Respondent/s
          +0530




                                          _________________________________________________________________

                                      Mr. Pradeep Dube, Advocate for Petitioner.
                                      Advocate Lopa Munim i/b Mr. Jaynendra Navlani, for Respondent No.1.
                                      Mr. S. M. Mangaonkar, APP for Respondent-State.
                                      _________________________________________________________________

                                                                           CORAM       : SHIVKUMAR DIGE, J.
                                                                           DATE        : 24th SEPTEMBER, 2026.
                                      P.C. :

                                      1.          Heard learned counsel for the petitioner, learned counsel for

                                      respondent No.1 and learned APP.

                                      2.          Learned counsel for the respondent No.1 tendered affidavit in

                                      reply. It is taken on record.

                                      3.          By this petition, the petitioner is seeking direction to expedite

                                      the Case No. D-24 of 2018 pending before the Family Court, Bandra,

                                      Mumbai, within six months.

                                      4.          Learned counsel for the respondent No.1 submits that an

                                      appropriate order be passed.

                                      5.          Learned counsel for the petitioner submits that petitioner is only


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                                                                 70-WP-3956-2026 (CR).doc

S.S.Kilaje


         seeking expeditious hearing of disposal of the proceedings. The petitioner

         seeks liberty to file appropriate proceedings in respect of prayer clauses

         (d), (e), (f) and (g).

         6.            I have heard all learned counsel. As the proceeding have been

         pending before the Family Court, Bandra, Mumbai, since year 2018, I pass

         following order :

                                               ORDER

                 (i)      Writ Petition is partly allowed.

                 (ii)     The Family Court at Bandra, Mumbai, shall expedite the

                          hearing of disposal of Petition No. D-24 of 2018 and shall

                          dispose of the same within one year from the date of receipt

                          of this order.

                 (iii) The petitioner is permitted to file separate proceeding in

                          respect of prayer clauses (d), (e), (f) and (g).

         7.            Writ Petition is disposed of.



                                                           (SHIVKUMAR DIGE, J.)




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