Ganesh Deepak Nitnavare v. Jyoti Ganesh Nitnavare

Tikam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO . 1025 OF 2026 VAISHALI ANIL TIKAM Ganesh Deepak Nitnavare

...Petitioner

Vs.

Jyoti Ganesh Nitnavare

...Respondent

by VAISHALI ANIL TIKAM Date:

2026.01.31 16:00:29 +0530 _______________________________________________________________ Mr.Umesh S. Iyer (Legal Aid) a/w. Chetan Yadav and Zaheer Daruwala, Advocate for the Petitioner. _______________________________________________________________ CORAM : MADHAV J. JAMDAR, J.

DATED : JANUARY 30, 2026 P.C.:

1.

Heard Mr. Iyer, learned counsel for the Petitioner. He tenders affidavit of service and states that none appears for the Respondent, despite service.

2.

The Petitioner is, inter alia, seeking following relief: "a) Issue a writ of mandamus or any other appropriate writ, order, or direction directing the Court of the Civil Judge, Senior Division, Indapur, to expedite and dispose of Marriage Petition No. 283 of 205 within a time-bound period as deemed fit by this Hon'ble Court."

3.

It is the submission of Mr. Iyer, learned counsel appearing for the Petitioner that the Petitioner suffers from Nystagmaus Pseudoaphakia with Amblyopia and has been certified as having

100% permanent visual impairment in both eyes. He submitted that Respondent along with her brother and mother has threatened and abused the Petitioner and physically assaulted the Petitioner and his brother and in fact, his brother suffered grievous injuries and, therefore, FIR has been lodged being C.R. No. 692 of 2022 with Baramati City Police Station under Sections 115(2), 352, 351(2), 351(3), 3(5) of The Bharatiya Nyaya Sanhita (BNS), 2023 and 92(a), 92(b) of The Rights of Persons with Disabilities (RPwD) Act, 2016. He, therefore, submits that the Learned Civil Judge, Senior Division, Indapur be directed to dispose of Marriage Petition No. 283/2025 within time bound period. Learned counsel for the Petitioner states that although the Marriage Petition has been filed in the Court of Civil Judge, Senior Division, Baramati, the same has now been transferred to the Court of Civil Judge, Senior Division , Indapur and renumbered as Marriage Petition No. 283/2025. 4.

Perusal of record shows that marriage between the Petitioner and Respondent took place on 03/04/2020. The Petitioner and his brother both suffer disabilities. Both suffer visual impairment and the Petitioner has been certified as having 100% permanent visual impairment in both eyes. The certificate to that effect has been produced at Exhibit 'B' (page 10).

5.

The Marriage Petition has been filed on 25/04/2024 in the Court Civil Judge, Senior Division, Baramati. Although it is correct that the Marriage Petition is pending for last about 1 year and 8 months and there may be other old matters pending in the Court of

Civil Judge, Senior Division, Baramati, however, in the peculiar facts and circumstances, the concerned Learned Civil Judge, Senior Division, Indapur is requested to expeditiously dispose of Marriage Petition No. 283/2025 on or before 30/04/2027. 6.

It is clarified that this Court has not considered the merits and all the contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.]