Bombay High Court
UMAKANT G. AGARWALversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The petition is allowed, and the Family Court is directed to decide the pending matter within one year.
Summary
The petitioner, a 72‑year‑old individual, filed a writ petition seeking the High Court to expedite a family court case (Petition No. A‑1445 of 2018) and the accompanying counter‑claim pending before the Family Court at Bandra. The respondent objected, alleging that the petitioner himself had caused delays in the trial court proceedings and urged dismissal of the writ petition. The Court examined the long pendency of the case, the petitioner’s advanced age, and the need for timely justice. It held that the petitioner’s request for expeditious disposal was justified despite the respondent’s objections. Consequently, the Court allowed the petition, directing the Family Court to decide the matter on its merits within one year. The petition was thereafter disposed, with the parties’ contentions kept open for further consideration.
Issues considered
- Whether the High Court may direct the Family Court to expedite the disposal of a pending family law petition and counter‑claim.
- Whether the petition should be dismissed on the ground that the petitioner contributed to the delay in the trial court.
Subjects
- family law
- expedited hearing
- high court direction
- delay
- elderly petitioner
- civil procedure
Judgment
91-WP-8832-2026 (C).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8832 OF 2026
Umakant G. Agarwal ...Petitioner/s
VAISHALI Versus
ANIL
TIKAM The State of Maharashtra and anr. ...Respondent/s
Digitally signed
by VAISHALI ________________________________________________________________
ANIL TIKAM
Date: 2026.09.01
13:18:28 +0530 Mr. Ashish Anand a/w Ms. Gauri Dhale a/w. Sohail Bombaywala,
Advocate for Petitioner.
Ms. Aloka A. Nandkarni, AGP for Respondent No.1-State.
Mr. Gaurav K. Gadadia a/w. Mr. Neel Udeshi for Respondent No.2,
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th AUGUST, 2026.
P.C. :
1. Heard learned counsel for Petitioner, learned AGP and learned
counsel for Respondent No.2.
2. By this petition, the Petitioner is seeking to expedite the Petition
No. A-1445 of 2018 pending before the Family Court along with Counter
Claim filed by the Respondent.
3. Learned counsel for Respondent No.2 objected to allow the
petition on the ground that the Petitioner himself is delaying the
proceedings before the Trial Court and requested to dismiss the Petition.
4. I have heard both learned counsel. As petition filed by the
Petitioner is pending since the year 2018 and Petitioner is 72 years' old,
considering this facts, I pass following order:
Page 1 of 2
91-WP-8832-2026 (C).doc
Tikam
ORDER
(i) Petition in allowed.
(ii) The Family Court at Bandra, Mumbai shall decide the M.J.
Petition No. A-1445 of 2018 along with Counter Claim filed by the
Respondent, as early as possible, preferably within one year on its own
merit.
(iii) Petition is disposed of.
(iv) Contentions of both the parties are kept open.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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