The Bombay High Court has imposed a cost of Rs 15,000 on a woman who sought direction for the family court to decide her execution application within a month.
A single-judge bench of the high court, comprising Justice Sharmila Deshmukh, heard a petition filed by the woman who had obtained an order from the Royal High Courts of London in October 2021.
The woman had filed an execution application before the family court to execute the order passed by the Royal High Court.
The execution application had been pending before the family court since 2022, despite her custody plea being decided by the London court in six months.
Consequently, the woman approached the high court to expedite her application and have it decided within a month.
The high court, in its order, noted that there are approximately seven family court judges for the entire city of Mumbai, and the institution of cases is considerable. “It needs to be noted that there are about seven 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 order reads.
The bench further emphasized that advocates need to be sensitive to the fact that the Family Court’s board has at least 60 to 70 matters listed every day.
“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 order reads.
The bench proceeded to dismiss the petition and directed the woman to pay Rs 15,000 to the District Legal Services Authority.
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