Mrs. Payal W/O Ajit Goyal v. The State Of Maharashtra And ANR

wp784 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.784 OF 2015 Ms Payal W/o Ajit Goyal

...Petitioner

vs.

The State of Maharashtra and another

...Respondents

Mr.Sushil Upadhyay i/b Mr.A.M.Saraogi for the petitioner Ms M.P.Thakur, AGP for the respondent No.1 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : FEBRUARY 23, 2015 P.C.:

Heard the learned counsel for the petitioner. He is relying upon the directions contained in order dated 12th July 2010 passed in the Writ Petition No.4446 of 2010. By the said order, the petition filed by the petitioner for divorce has been ordered to be heard expeditiously. The grievance in the petition is that still the divorce petition filed by the petitioner is kept pending and, therefore, the prayer is that a time bound schedule should be fixed for disposal of the said petition.

By order passed by this Court in the Writ Petition No.4446 of 2010, this Court has not fixed any time bound schedule for the disposal of the pending petition. However, an order has been passed to expedite the hearing of the petition. If the

wp784 petitioner wants time bound schedule to be fixed for disposal of the divorce petition, the remedy of the petitioner is to apply before the same Judge before whom the petition is pending. It is for the learned Judge to decide whether priority should be given to the case of the petitioner considering the overall pendency of the cases before him. Therefore, at this stage, we decline to entertain this petition. We grant liberty to the petitioner to make an application before the learned Judge before whom the petition is pending.

Writ Petition is disposed of.

(A.K.MENON,J.) (A.S.OKA,J.)