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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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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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                                                      907-WP-10158-2026 (C).doc

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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