Created by Fuzzy Cloud

Bombay High Court

KISHOR PARSHURAM DHUMALversusANJALI KISHOR DHUMAL

Decided
Disposal
Disposed Off

Holding

The High Court held that the delay in filing the application did not preclude the petitioner’s right to examine witnesses and quashed the Family Court’s order.

Summary

The petitioner, Vaishali Anil Tikam, filed a writ petition challenging a Family Court order that rejected his application to examine five witnesses. The Family Court had dismissed the application on the ground that it was filed more than two years after the issues were framed, exceeding the 15‑day filing period. The petitioner argued that evidence had not yet been taken and that the delay should be condoned. The High Court examined whether the procedural time limit was mandatory or could be relaxed in the interest of justice. It held that the delay, though considerable, did not bar the petitioner’s right to examine witnesses and that the Family Court’s order was erroneous. Consequently, the High Court quashed the impugned order, allowed the petition, and permitted the examination of the five witnesses, while also ordering the petitioner to pay costs to the respondent.

Issues considered

  • Whether the Family Court erred in rejecting the petitioner's application to examine witnesses filed after a delay of 2½ years.
  • Whether the statutory requirement of filing such an application within 15 days of issue framing is mandatory or can be condoned.
  • Whether the delay in filing the application warrants dismissal of the petitioner's request for witness examination.

Subjects

  • Family Court
  • Witness examination
  • Procedural delay
  • Quash order
  • Cost award
  • Civil appellate jurisdiction
  • Writ petition

Judgment

                                                                         98-WP-16891-2025 (C).doc


Tikam


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 16891 OF 2025
VAISHALI
ANIL                                        Kishor Parshuram Dhumal
TIKAM
                                                      Versus
Digitally signed                              Anjali Kishor Dhumal
by VAISHALI
ANIL TIKAM
Date:
2026.08.04         _________________________________________________________________
15:26:38 +0530

                   Mr. Sujay H. Gangal a/w. Swaraj M. Savant, for Petitioner.
                   Ms. Trushna Timir Shah for Respondent.
                   _________________________________________________________________

                                                          CORAM      :   SHIVKUMAR DIGE, J.
                                                          DATE       :   31st JULY, 2026.
                   P.C. :

                   1.         Heard learned counsel for the Petitioner and Respondent.

                   2.         The challenged in this petition is the impugned order passed by

                   the Learned Family Court below Exhibit 159 whereby the learned Family

                   Court has rejected the application filed by the Petitioner to examine five

                   witnesses in support of his case.

                   3.         Learned counsel for the Respondent has strongly objected to

                   allow the petition on the ground that the said application was filed after

                   more than 2 years’ delay and no sufficient cause is given to examine the

                   witnesses. The learned Family Court has passed well reasoned order and

                   requested to dismiss the petition.

                   4.         I have heard both learned counsel. Perused          the impugned



                                                       Page 1 of 2
                                                            98-WP-16891-2025 (C).doc


Tikam


        order.   Issues are framed, Petitioner wants to      examine witnesses in

        support of his case. The Family Judge has rejected the application on the

        ground that such application is supposed to be filed within 15 days after

        framing of the issues and it was filed with unreasonable delay of 2 ½ years.

        In my view    yet evidence of petitioner is not started and petitioner is

        seeking to examination witnesses in support of his case. Hence I pass

        following order:

                                          ORDER

        (i)        Petition is allowed. The impugned order below Exhibit 159 is

        quashed and set aside.      The petitioner is permitted to examine five

        witnesses mentioned in application.

        (ii)       Petitioner shall pay the cost of Rs.10,000/- to the Respondent.



                                                      (SHIVKUMAR DIGE, J.)




                                        Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.