Amit Kamlesh Lakhwani v. Kashish Amit Lakhwani And ANR

304-WP-978-2025.doc PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

PALLAVI MAHENDRA WARGAONKAR Date: 2025.05.02 15:42:03 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 978 OF 2025 Amit Kamlesh Lakhwani

...Petitioner

Versus

Kashish Amit Lakhwani & Anr.

...Respondents

__________ Mr. Mayur Vinod Faria a/w Harshal Hasmukh Savla, for the Petitioner. Ms. P.J. Gavhane, AGP, for the Respondent No.2 - State. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

28 APRIL 2025 P.C.:

1.

The petitioner filed a divorce petition No.A-469/2017 against the respondent (wife) before the Family Court at Bandra, Mumbai under Section 13(1)(ia) the Hindu Marriage Act, 1955. He is primarily aggrieved by the pendency of the said divorce petition before the Family Court. It has been listed on various dates before the Family Court and is presently at the stage of evidence (cross-examination of the petitioner). However, though filed on 7 February 2017, the divorce petition has until date not seen the light of the day. It is with such grievance that the petitioner has approached the Court.

2.

We have heard the learned counsel for the parties. From the record, it appears that the divorce petition is long pending, with the Family Court, Pallavi Wargaonkar, PS

304-WP-978-2025.doc Mumbai since the year 2017 and is presently at the stage of evidence. Such long pendency of the petition is prejudicial to the interest of both the parties and thus, it ought to be decided expeditiously so as to bring a quietus to the lis before the Family Court. In such view of the matter, the following order would serve the ends of justice:-

ORDER

(i) The Family Court at Mumbai is directed to decide the divorce petition No.A-469/2017 pending with the Court, as expeditiously as possible and in accordance with law within a period of four months from the date this order is made available by the petitioner to the Family Court. (ii) All rights and contentions of parties are expressly kept open. (iii) Writ petition is disposed of in the above terms. No costs. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Pallavi Wargaonkar, PS