Bombay High Court
KUNAL SUBHASH KSHIRSAGARversusJAYASHRI KUNAL KSHIRSAGAR
- Disposal
- Disposed Off
- Bench
- SHAILESH P BRAHME
Holding
The High Court held that it cannot assess the probative value of documentary evidence in writ jurisdiction and disposed of the petition, allowing the challenge to be made during the trial.
Summary
The petitioner filed a Hindu Marriage Petition seeking dissolution of his marriage and applied for a direction that the respondent undergo a medical examination. The Family Court ordered the respondent to submit to the examination and a medical report was later filed. The petitioner challenged the report, alleging it was cryptic, inadmissible and should be discarded. The High Court noted that the probative value of such documentary evidence is to be tested during the trial and not in writ jurisdiction. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to contest the report’s probative value in the substantive proceedings, and kept all other points open.
Issues considered
- The writ court's jurisdiction to assess the probative value of a medical report submitted as evidence
- Whether the petitioner can challenge the admissibility of the medical report in the writ petition
Subjects
- Hindu marriage dissolution
- Medical examination
- Probative value
- Writ jurisdiction
- Evidence admissibility
Judgment
2026:BHC-KOL:5480
1 53 wp 1728.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1728 OF 2026
Kunal Subhash Kshirsagar .. Petitioner
Versus
Sou Jayashri Kunal Kshirsagar .. Respondent
Shri Sarvajit B. Patil, Advocate for the Petitioner through V.C.
CORAM : SHAILESH P. BRAHME, J.
DATE : 10TH JULY, 2026.
FINAL ORDER :
. The petition is emanating from orders passed below Exhibit
53 and the report at Exhibit 58.
2. The petitioner is prosecuting Hindu Marriage Petition
bearing Petition No. A-214 of 2021 for dissolution of marriage
between the petitioner and the respondent before the Family
Court at Kolhapur. Application Exhibit 53 was submitted by him
to direct the respondent to submit herself for medical
examination. She consented for the same. Accordingly order was
passed below Exhibit 53 on 16.11.2024 issuing the directions.
Thereafter medical examination of the respondent was conducted
and the report was submitted, which is at Exhibit 58. The
grievance of the learned counsel for the petitioner is that the
report is cryptic, inadmissible and liable to be discarded.
2 53 wp 1728.26
3. Learned counsel concedes that order below Exhibit 53 is in
his client’s favour and only challenge is to the medical report
Exhibit 58. The probative value of the report can be tested
during the course of the trial. In the writ jurisdiction, this Court
cannot assess the probative value of any documentary evidence in
this manner.
4. The writ petition is disposed of with a liberty to the
petitioner to question the probative value of the report at Exhibit
58. All points are kept open.
[ SHAILESH P. BRAHME J. ]
bsb/July 26
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