Akshar Krishnakumar Biyani v. State Of Maharashtra And ANR

hcs 1/2 6.w6065.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6065 OF 2021 Akshar Krishnakumar Biyani ... Petitioner V/s.

State of Maharashtra & Anr.

... Respondents Mr.Gagan Chhabra with Tahir Prande i/b Tahir Prande for the Petitioner. Mr.P.P.Kadam AGP for the Respondent-State.

CORAM: UJJAL BHUYAN AND MADHAV JAMDAR, JJ.

DATE : 29TH SEPTEMBER, 2021.

P.C:- Heard learned Counsel for the parties.

2.

By filing this Petition under Articles 226 and 227 of the Constitution of India, Petitioner seeks a direction to the Civil Court, Senior Division at Thane to expeditiously adjudicate Marriage Petition No.57 of 2017 filed by the Petitioner along with the pending applications. 3.

Petitioner is the husband whereas Respondent No.2 is the wife. Marriage Petition No.57 of 2017 has been filed by the Petitioner under section 13(1)(ia)(ib) read with section 26 of the Hindu Marriage Act, 1955 before the Civil Court, Senior Division at Thane. 4.

Contention of learned Counsel for the Petitioner is that since the year 2017, the matter has not progressed much despite number of dates and requires early adjudication.

hcs 2/2 6.w6065.21.doc 5.

We are afraid we cannot issue any such direction as sought for by the Petitioner. However, we make it clear that if Petitioner moves the Civil Court, Senior Division at Thane for expeditious adjudication of Marriage Petition No.57 of 2017 along with the pending applications, the same may be considered judiciously and expeditiously. Beyond this we are not inclined to make any further observation.

6.

Writ Petition is accordingly disposed of.

[MADHAV JAMDAR, J.] [UJJAL BHUYAN, J.]