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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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