Bombay High Court
ATIFA SAMEER FAQUIH AND ANRversusSAMEER SHAHNAWAZ FAQUIH
- Decided
- Disposal
- Disposed Off
Holding
The High Court directed the learned JMFC, Bhiwandi, to dispose of the interim application in DV MA No.120 of 2023 on or before 31st December 2026, without considering the merits of the case.
Summary
The petitioners Arjun Vitthal and others filed a writ petition seeking a direction to the learned Judicial Magistrate First Class (JMFC) in Bhiwandi to dispose of an interim application pending in Domestic Violence Matter (DV MA) No.120 of 2023 within a stipulated time. They argued that the proceedings were unduly delayed and requested the High Court to set a deadline of 31st December 2026 for disposal. The Court held that, given the limited relief sought, no notice to the respondent was required. It exercised its jurisdiction to issue a procedural direction to the lower court without delving into the merits of the underlying domestic violence case. The order directed the JMFC to dispose of the interim application by the specified date. The Court clarified that it had not considered any merits and all substantive contentions remain open.
Issues considered
- Whether a High Court can issue a writ directing a lower court to dispose of an interim application within a fixed time frame
- Whether notice to the respondent is required for such limited relief
Subjects
- writ petition
- time-bound disposal
- domestic violence
- interim application
- jurisdiction
Judgment
53-WP-4046-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
WRIT PETITION NO.4046 OF 2026
signed by
ARJUN
ARJUN VITTHAL
VITTHAL KUDHEKAR
KUDHEKAR Date:
Atifa Sameer Faquih & Anr. ...Petitioners
2026.08.25
12:49:11 Versus
+0530
Sameer Shahnawaz Faquih ...Respondent
——————
Mr. Sharad S. Suryavanshi, for the Petitioners.
Mr. S. V. Walve, APP, for the State.
——————
Coram: Madhav J. Jamdar, J.
Date: August 21, 2026
P.C.:
1. As the very limited relief sought in this Writ Petition, notice is not
required to be issued to the Respondent.
2. Mr. Suryavanshi, learned Counsel for the Petitioners, states that
the proceedings bearing DV MA No.120 of 2023 which is pending in the
Court of the learned JMFC, Bhiwandi, be directed to be disposed of
within time-bound manner or at least the Interim Application which is
filed in the said DV proceedings be directed to be disposed of within
time-bound manner.
3. In the facts and circumstances, the learned JMFC, Bhiwandi, is
requested to dispose of the Interim Application filed in said DV MA
No.120 of 2023 on or before 31st December 2026.
Arjun 1
53-WP-4046-2026.doc
4. The Writ Petition is disposed of in above terms.
5. It is clarified that this Court has not considered the merits and all
contentions on merits are expressly kept open.
[Madhav J. Jamdar, J.]
Arjun 2
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