Bombay High Court
NEHA AKSHAR BIYANIversusAKSHAR KRISHNAKUMAR BIYANI
- Decided
- Disposal
- Disposed Off
Holding
The High Court allowed the writ petition, permitting the petitioner to examine the six witnesses and quashing the lower court's order.
Summary
The petitioner, Neha Akshar Biyani, filed a writ petition challenging a lower court order that denied her permission to examine six witnesses in a marriage petition filed in 2017. The petitioner argued that an earlier order dated 16.04.2026 by the High Court had granted her the right to examine those witnesses, and the subsequent rejection was erroneous. The respondent contended that the petitioner was filing multiple applications to delay the proceedings and that the lower court's order should stand. The High Court, after hearing counsel, held that parties are entitled to a fair opportunity to examine witnesses and therefore allowed the petition, permitting the examination of the six listed witnesses. The Court also quashed the order dated 11.06.2026 of the 4th Joint Civil Judge, Senior Division, Thane, and ordered the petitioner to pay Rs.10,000 costs to the respondent, directing the lower judge to decide the pending marriage petition within six months.
Issues considered
- Whether the petitioner is entitled to permission to examine six witnesses despite the lower court's rejection.
- Whether the order of the 4th Joint Civil Judge dated 11.06.2026 can be set aside.
- Whether the writ petition should be dismissed or allowed.
Subjects
- witness examination
- marriage petition
- civil procedure
- quash order
- costs
- high court
- writ petition
Judgment
907-WP-10158-2026 (C).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10158 OF 2026
Neha Akshar Biyani … Petitioner
VERSUS
Akshar Krishnakumar Biyani … Respondent
_________________________________________________________________
SONALI by
Digitally signed
SONALI
SATISH Date:
SATISH KILAJE
KILAJE 2026.09.11
11:12:58 +0530
Mr. Sandeep Mishra a/w. Ms. Madhura Mulay, Advocate for Petitioner.
Mr. Nitesh Agarwal a/w Mr. Prabhu Godse and Mr. Manish Malpani i/b
Nilam for Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th SEPTEMBER, 2026.
P.C. :
1. The challenge in this petition is to the impugned order whereby
the learned Judge has rejected the petitioner’s permission to examine six
witnesses.
2. It is contention of learned counsel for the petitioner that this
Court (Coram :N.R.Borkar, J.) vide order dated 16.04.2026 permitted the
petitioner to examine six witnesses. Accordingly, the petitioner had filed
an application but the said application is rejected. The petitioner be
permitted to examine six witnesses in support of her case and requested to
allow the petition.
3. The learned counsel for the respondent strongly objected to
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907-WP-10158-2026 (C).doc
S.S.Kilaje
allow the petition on the ground that various applications were filed by the
petitioner to examine the witnesses. The petitioner is prolonging the
matter. The learned Judge has passed well reasoned order. No
interference is required in it and requested to dismiss the petition.
4. I have heard both the learned counsel. Perused impugned
order. This Court had permitted the petitioner to examine the witnesses.
Accordingly, the application was filed. The learned counsel for the
petitioner, on instructions, submits that except these six witnesses, the
petitioner is not going to examine any other witnesses. It is settled law
that parties must be given fair opportunity to examine witnesses in support
of their case. In view of above, I pass following order.
ORDER
i. Writ Petition is allowed.
ii. The petitioner is permitted to examine six witnesses as
mentioned in the list.
iii. The order dated 11.06.2026 passed by the 4 th Jt. Civil Judge
Senior Division, Thane, below Exhibit-95 in Marriage
Petition No. 57 of 2017 is quashed and set aside.
iv. The petitioner shall pay cost of Rs.10,000/- to the
respondent.
v. The learned Judge shall decide the pending Marriage
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S.S.Kilaje
Petition No. 57 of 2017 as early as possible preferably within
six months from receipt of this order.
5. Writ Petition is disposed of.
(SHIVKUMAR DIGE, J.)
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