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Bombay High Court

SHEETAL SATISH SAWANTversusSATISH GUNAJI SAWANT

Disposal
Disposed of

Holding

The High Court held that the trial court violated the principles of natural justice, rendering the judgment vitiated and therefore set aside.

Summary

The appellant, Sheetal Sawant, appealed a lower court order that had dismissed her challenge to a decree cancelling her civil marriage. The High Court examined whether the trial court had violated the principles of natural justice by conducting ex parte proceedings and denying the respondent the opportunity to cross‑examine key witnesses. The court found that the trial court proceeded in a hyper‑technical manner, recorded depositions despite the respondent’s lack of representation, and continued with final arguments even while an application to set aside an ex parte order was pending. These procedural lapses amounted to a gross violation of natural justice. Consequently, the High Court allowed the appeal, quashed the impugned judgment, and remanded the matter for a fresh trial with proper cross‑examination and final arguments. The order also imposed strict timelines for completion of the proceedings.

Issues considered

  • Whether the courts below erred in law by violating the principles of natural justice in the conduct of the trial
  • Whether the ex parte conduct and denial of cross‑examination constitute a substantial question of law warranting appellate intervention

Subjects

  • natural justice
  • ex parte proceedings
  • matrimonial dispute
  • cancellation of marriage
  • procedural fairness
  • cross‑examination
  • substantial question of law
  • appeal

Judgment

2026:BHC-GOA:937                                                               Sheetal Satish Sawant.
                                                                                                  vs.
                                                                                Satish Gunaji Sawant
                                              __________________________________________________
                                                                                          SA35-2026


            Vinita
                       IN THE HIGH COURT OF BOMBAY AT GOA.


                              SECOND APPEAL NO. 35 OF 2026


             Mrs. Sheetal Satish Sawant Age 36,
             Occupation homemaker, R/o H NO. 493,
             Ashvem, Mandrem, Pernem, Goa,        …APPELLANT


                     ~ VERSUS ~


             Mr. Satish Gunaji Sawant Age 39, Occupation
             police driver, R/o H no. 498, Ashvem,
             Mandrem, Pernem, Goa,                       …RESPONDENT



             A PPEARANCES :


             for the Appellant.               Ms Apeksha Kalokhe and Ms Ashwini
                                              Bandekar, Advocates.

             for the Respondent               Mr Vibhav Amonkar, Advocate.



                                    CORAM : AMIT S. JAMSANDEKAR, J.

                                       Dated :       23rd April, 2026.


             JUDGMENT

            1.       Heard learned counsel for the Appellant.


                                                 Page 1 of 9
                                                April 23rd 2026
                                                                Sheetal Satish Sawant.
                                                                                   vs.
                                                                 Satish Gunaji Sawant
                               __________________________________________________
                                                                           SA35-2026


2.   By way of the present appeal, the Appellant has challenged the order

     passed by the learned Principal District and Sessions Judge, North

     Goa at Panaji, whereby the learned District Judge dismissed the

     appeal filed by the Appellant against the judgment and order dated

     17.6.2023 passed by the Court of Civil Judge, Senior Division “A”

     Court at Mapusa. The proceedings arise under Articles 4 and 5 of

     the law of divorce.

3.   The matrimonial suit was instituted by the Respondent seeking

     cancellation of the civil marriage between the Appellant and the

     Respondent.

4.   The parties shall be referred to in accordance with their status

     before the trial Court.

5.   Learned counsel for the Respondent has sought framing of a

     substantial question of law.

6.   Learned counsel for the Petitioner has opposed the second appeal

     on the ground that, in view of concurrent findings of fact, no

     substantial question of law arises. In support of his submissions,

     Mr. Amonkar relied upon the judgment in the case of

     Chandrabhan(Deceased) Through Legal Representatives and

     others Vs Saraswati and others, (2022)20 SCC 199 and submitted

     that, considering the facts and circumstances of the case, and in

                                     Page 2 of 9
                                    April 23rd 2026
                                                               Sheetal Satish Sawant.
                                                                                  vs.
                                                                Satish Gunaji Sawant
                              __________________________________________________
                                                                          SA35-2026


view of concurrent findings against the Respondent, no substantial

question of law would arise in light of the guidelines laid down by

the Hon’ble Supreme Court in paragraphs 30 and 31 which read

thus:-


     30. The proper test for determining whether a question of law
     raised in the case is substantial would be, whether it is of general
     public importance or whether it directly and substantially affects
     the rights of the parties and if so, whether it is either an open
     question in the sense that it is not finally settled by this Court.
     If the question is settled by the highest court or the general
     principles to be applied in determining the question are well
     settled and there is a mere question of applying those principles
     or the question raised is palpably absurd, the question would not
     be a substantial question of law.

     31. To be “substantial”, a question of law must be debatable,
     not previously settled by law of the land or a binding precedent,
     and must have a material bearing on the decision of the case, if
     answered either way, insofar as the rights of the parties before it
     are concerned. To be a question of law “involving in the case”
     there must be first, a foundation for it laid in the pleadings and
     the question should emerge from the sustainable findings of fact
     arrived at by court of facts and it must be necessary to decide
     that question of law for a just and proper decision of the case.
     An entirely new point raised for the first time before the High
     Court is not a question involved in the case unless it goes to the

                                  Page 3 of 9
                                 April 23rd 2026
                                                                        Sheetal Satish Sawant.
                                                                                           vs.
                                                                         Satish Gunaji Sawant
                                       __________________________________________________
                                                                                   SA35-2026


              root of the matter. It will, therefore, depend on the facts and
              circumstances of each case whether a question of law is a
              substantial one and involved in the case or not, the paramount
              overall consideration being the need for striking a judicious
              balance between the indispensable obligation to do justice at all
              stages and impelling necessity of avoiding prolongation in the life
              of any lis. (See Santosh Hazari v. Purushottam Tiwari
              [Santosh Hazari v. Purushottam Tiwari, (2001) 3 SCC
              179] .)


7.   It is, however, contended that there is a gross violation of the

     principles of natural justice. It is submitted that the judgment in the

     case        of     Chandrabhan             (Deceased)          Through          Legal

     Representatives(supra) has general public importance and ought

     to be considered in the present proceedings, particularly in the

     context of matrimonial disputes. I find merit in the submission of

     learned counsel for the Respondent that if there is a breach of the

     principles of natural justice, a substantial question of law would

     arise.

8.   Upon perusal of the record, in particular the roznama of the trial

     Court, I am of the view that the appeal deserves to be admitted.

9.   The appeal is admitted on the following substantial question of

     law:-


                                           Page 4 of 9
                                          April 23rd 2026
                                                                   Sheetal Satish Sawant.
                                                                                      vs.
                                                                    Satish Gunaji Sawant
                                  __________________________________________________
                                                                              SA35-2026


       (a). Whether the Courts below erred in law in conducting the trial

       in a manner resulting in violation of the principles of natural justice,

       thereby vitiating the impugned judgment and decree?

10.    Mr. Amonkar, learned counsel, waives notice for the Petitioner

       (Respondent herein).

11.    Upon perusal of the record, I find that the trial Court has proceeded

       in a hyper-technical and mechanical manner in conducting the trial

       for cancellation of marriage between the parties.

12.    The reasons are as follows:

      (i)     When the matter was listed on 22.12.2022, the Advocate

              appearing for the Respondent sought discharge on the ground

              that the Respondent had taken back her file. This fact is

              recorded in the roznama dated 22.12.2022. Despite recording

              the said fact, the trial Court proceeded on the very same day

              to record the deposition of PW1, which was completed on that

              day itself. Various documents were also marked during

              examination-in-chief.     The        roznama     records      that     an

              opportunity was granted to the Respondent to cross-examine

              PW1, and the matter was adjourned to 31.12.2022.

       (ii)    On 31.12.2022, none appeared before the Court, and the

               matter was adjourned to 24.01.2023. On 24.01.2023, the

                                       Page 5 of 9
                                      April 23rd 2026
                                                             Sheetal Satish Sawant.
                                                                                vs.
                                                              Satish Gunaji Sawant
                            __________________________________________________
                                                                        SA35-2026


         roznama records that “Respondent proceeds ex parte.” On

         the same day, the trial Court recorded the depositions of PW2

         and PW3 and closed the evidence of the Petitioner. Thus,

         immediately on the next effective date, the opportunity earlier

         granted to cross-examine PW1 stood effectively closed.

(iii)    The matter was next listed on 16.02.2023, when the

         Respondent appeared in person and filed an application for

         setting aside the ex parte order dated 24.01.2023 (Exh. D-26).

         Despite the said application being on record, the trial Court

         proceeded to fix the matter for final arguments and recorded

         that “final arguments are advance by Adv. J. Fernandes.”

(iv)    On subsequent dates, including 04.03.2023 and 20.03.2023,

        the matter was adjourned due to administrative reasons. On

        27.03.2023, reply to Exh. 26 was filed and vakalatnama of a

        newly appointed Advocate for the Respondent was taken on

        record.

(v)     On 25.04.2023, the roznama records that the Advocate for the

        Petitioner had already advanced final arguments, and the

        Advocate for the Respondent sought time to advance

        arguments on Exh. 26. On 01.05.2023, the trial Court allowed



                                Page 6 of 9
                               April 23rd 2026
                                                                 Sheetal Satish Sawant.
                                                                                    vs.
                                                                  Satish Gunaji Sawant
                                __________________________________________________
                                                                            SA35-2026


           the application, set aside the ex parte order, and granted an

           opportunity to the Respondent to advance final arguments.

      (vi) Thereafter, the matter was listed on 05.06.2023 and

           17.06.2023, on which date the judgment was pronounced. A

           cumulative reading of the roznama clearly reflects that the

           matter proceeded ex parte at a crucial stage, and the

           Respondent was effectively denied an opportunity to cross-

           examine PW1, PW2, and PW3.

13.   When the trial Court was aware that the Respondent was not

      represented by a lawyer, there was no justification to record the

      deposition of PW1 on the same day. Further, after only one

      adjournment, the trial Court proceeded to record the depositions

      of PW2 and PW3 and declared the proceedings ex parte.

14.   More importantly, even during the pendency of the application for

      setting aside the ex parte order, the trial Court proceeded with final

      arguments. This approach clearly deprived the Respondent of an

      effective opportunity to participate in the proceedings.

15.   The trial Court has thus adopted a mechanical approach, which is

      impermissible,    particularly    in      matrimonial       disputes.      The

      Respondent ought to have been granted an opportunity to cross-



                                    Page 7 of 9
                                   April 23rd 2026
                                                                    Sheetal Satish Sawant.
                                                                                       vs.
                                                                     Satish Gunaji Sawant
                                   __________________________________________________
                                                                               SA35-2026


      examine the witnesses of the Petitioner, followed by a meaningful

      opportunity to hear.

16.   A perusal of the impugned judgment further reveals that the trial

      Court has merely reproduced the pleadings and evidence of the

      Petitioner without assigning independent reasons. The absence of

      reasoning is attributable to the lack of cross-examination and

      participation by the Respondent.

17.   I, therefore, find that there is a gross violation of the principles of

      natural justice.

18.   Accordingly, the following order is passed:


                                   ORDER
      (i) The Appeal is allowed.

      (ii) The impugned judgment and order dated 17.6.2023 passed by

      the trial Court is quashed and set aside.

      (iii) The matter is remanded to the trial Court for granting an

      opportunity to the Respondent to cross-examine PW1, PW2, and

      PW3.

      (iv) Upon completion of cross-examination, the trial Court shall

      hear final arguments of both parties and dispose of the matter

      afresh, in accordance with law.



                                      Page 8 of 9
                                     April 23rd 2026
                                                                                            Sheetal Satish Sawant.
                                                                                                               vs.
                                                                                             Satish Gunaji Sawant
                                                           __________________________________________________
                                                                                                       SA35-2026


                                 (v) The entire exercise shall be completed within a period of six

                                 months from today.

                                 (vi) It is made clear that the Respondent shall not seek adjournments

                                 on any ground. If the Respondent intends to appoint a new

                                 Advocate, the same shall be done within a period of two days from

                                 today.

                                 (vii) The Respondent shall not be entitled to rely upon any

                                 documents, except for the purpose of confronting witnesses during

                                 cross-examination.

                                 (viii) The Second Appeal stands disposed of in the above terms. No

                                 order as to costs.

                        19.      This order will be digitally signed by the Private Secretary/Personal

                                 Assistant of this Court. All concerned will act on the production

                                 by fax or email of a digitally signed copy of this order.



                                                                   [AMIT S. JAMSANDEKAR, J.]




                                                               Page 9 of 9
Signed by: VINITA VIKAS NAIK                                  April 23rd 2026
Designation: Private Secretary
Date: 28/04/2026 18:19:27


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