Bombay High Court imposes ₹15k costs on petitioner who wanted a 2022 family court case decided within a month

The Bombay High Court recently dismissed a petition filed by a woman seeking directions to a family court to decide an execution application within a month [Bhawana Thadhaney v. Vicky Kripalani]..The Court also imposed costs of ₹15,000 on the petitioner.Single-judge Justice Sharmila U Deshmukh observed that imposing a time period of one month can be very unreasonable considering there were only seven family court judges and they were doing their best to ensure matters are disposed of."It needs to be noted that there are about 7 family court Judges for the entire city of Mumbai and there is huge institution of cases. I have no doubt that the family court judges are doing their best to ensure that the matters are taken up, heard and disposed of. The family court is bound to follow the procedure which is being required by law and the same as is well known is time consuming. The request for deciding the execution application within a period of one month can at the best be said to be very unreasonable," the High Court stated..Justice Deshmukh also observed that a large number of cases are being filed before family courts and the lawyers should be sensitive about this aspect."The bar is required to be sensitive to the fact that, it is well known that on the board of the Family Court, there are at least 60 to 70 matters listed every day. In addition to that, after the Court hours of the Family Court and in fact all other Judges are then required to deliver judgments, give dictations, correct orders etc. Without being sensitive to this fact, an application has been moved for deciding the matter of the year 2022 within a period of one month," the Court said..The woman filed the execution application before the family court in 2022 seeking execution of an order passed by the Royal High Courts London in October 2021.The London court had decided her custody plea in just six months but the execution plea remained pending before the Family court in Bandra since 2022. The woman then approached the High Court seeking to expedite the hearing. Justice Deshmukh, however, dismissed the same with costs of ₹15,000 to be paid to the District Legal Services Authority, Mumbai..Advocate Ishika Tolani appeared for the woman. Advocate Jalasa Nambiar appeared for the husband..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.