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Bombay High Court

ROHAN SAMPAT GUNDversusYOGESHWARI ROHAN GUND MAIDEN NAME YOGESHWRI NARSALE

Decided
Disposal
Disposed Off

Holding

The petition is allowed, and the family court is directed to dispose of the pending proceeding preferably within six months of receipt of the order.

Summary

The petitioner filed a writ petition in the Bombay High Court seeking an order to expedite a family court proceeding (Petition No. A/1541/2022) that had been pending since 2022. The petitioner argued that, as the matter was posted for final argument, it should be disposed of within six months of the High Court's order. The respondent contended that the delay was caused by the petitioner and opposed the petition, seeking its dismissal. The Court examined the maintainability of the petition and its power to direct a family court to adhere to a timeline. It held that the petition was maintainable and that the High Court could issue a direction for the family court to dispose of the matter as early as possible, preferably within six months. Both parties were also invited to explore settlement possibilities.

Issues considered

  • What is the appropriate jurisdiction of the High Court to direct a family court proceeding for expeditious disposal?
  • Whether the writ petition seeking a six-month timeline for disposal of the pending family court case is maintainable and appropriate?

Subjects

  • writ petition
  • family court
  • expeditious disposal
  • civil procedure
  • jurisdiction
  • settlement

Judgment

                                                                                         82-WP-9426-2026 (C).doc

                             S.S.Kilaje


                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CIVIL APPELLATE JURISDICTION

                                                        WRIT PETITION NO. 9426 OF 2026

                                   Rohan Sampat Gund                                        ...Petitioner/s
                                   VERSUS
                                   Yogeshwari Rohan Gund
                                   Maiden Name Yogeshwri Narsale                            ...Respondent/s

                                   _________________________________________________________________

                                   Ms. Kalyani Mangave a/w. Mr. Ganesh Pandit, Advocate for Petitioner.
          Digitally signed
SONALI by SONALI

SATISH Date:
       SATISH KILAJE               Mr. Ritvik Joshi a/w. Mr. Swaraj M. Savant, Advocate for Respondent.
KILAJE 2026.09.03
       10:39:40 +0530
                                   _________________________________________________________________

                                                                        CORAM      :   SHIVKUMAR DIGE, J.
                                                                        DATE       :   1st SEPTEMBER, 2026.
                                   P.C. :

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

                                   respondent.

                                   2.         By this Petition, the petitioner is seeking to expedite the

                                   proceeding pending before the Family Court since year 2022.                It is

                                   contention of learned counsel for the petitioner that as the pending matter

                                   is posted for final argument, hence direction be given to dispose of it

                                   within six months.

                                   3.         Learned counsel for the respondent submits that the proceeding

                                   is delaying due to petitioner only and requested to dismiss the petition.

                                   4.         I have heard both the learned counsel.          As proceeding is

                                   pending before the Family Court since year 2022, I pass following order :



                                                                    Page 1 of 2
                                                          82-WP-9426-2026 (C).doc

S.S.Kilaje


                                          ORDER

                   i.      The Petition is allowed.

                   ii.     The proceeding pending before the Family Court

                           i.e. Petition No. A/1541/2022 shall dispose of as

                           early as possible preferably within six months

                           after receipt of this order.

      5.     Both the parties can explore the possibility of settlement.



                                                 (SHIVKUMAR DIGE, J.)




                                   Page 2 of 2


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