Bombay High Court

MONICA JUVEKARversusPRERNA SWANAND KHOT ALIAS PRERNA PRASAD LAKESHRI AND ANR

Decided: 5 October 2026
Disposal: Disposed Off

Holding

The order adding the petitioner as a co‑respondent is quashed and set aside.

Summary

The petitioner, Monica Juvekar, challenged an order dated 3 January 2026 in which the Principal Judge of the Family Court, Thane, added her as a co‑respondent in a counter‑claim filed by Respondent No. 2. The petitioner contended that she should not be made a co‑respondent and was prepared to appear only as a witness if summoned. Respondent No. 2 sought appropriate orders regarding the addition. The High Court examined whether the addition of the petitioner as a co‑respondent was procedurally valid and whether the order should stand. The Court quashed and set aside the impugned order, directed that the petitioner may appear as a witness upon summons, and ordered the deletion of her name from the cause title. It further held that the counter‑claim would not be dismissed merely because the petitioner was not joined as a co‑respondent, and the writ petition was disposed.

Issues considered

Whether the addition of the petitioner as a co‑respondent in the counter‑claim was proper under procedural law.
Whether the order dated 3 January 2026 adding the petitioner as a co‑respondent should be set aside.
Whether the counter‑claim can continue despite the non‑joinder of the petitioner as a co‑respondent.

Subjects

Family Court
counter‑claim
co‑respondent
joinder
writ petition
procedural order
Civil appellate jurisdiction

Judgment

                                                                         84-WP-2566-2026 (C).doc


     Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 2566 OF 2026

                      Monica Juvekar                                   ...Petitioner/s
                      Versus
                      Prerna Swanand Khot Alias Prerna
                      Prasad Lakeshri and anr.                         ...Respondent/s
                      _________________________________________________________________

                      Mr. Vivek Kantawala along with Ms. Beerta H. Bajwa, Mr. Jash B. Vyas and
                      Ms. Harsha Masand, Advocate for Petitioner.
                      Ms. Seema Sarnaik i/b. Mr. Suhas S. Deokar, Mr. Tanmay M.
                      Shembavanekar and Mr. Shravan H. Sul, Advocate for Respondent No.1.
                      Ms. Kokila Kalra, Advocate for Respondent No.2.
                      _________________________________________________________________

                                                           CORAM    :   SHIVKUMAR DIGE, J.
                                                           DATE     :   5th OCTOBER, 2026.
                      P.C. :

                      1.         The challenge in this petition is to the impugned order dated
                      3rd January 2026 passed by the learned Principal Judge, Family Court,
SHUBHADA
SHANKAR               Thane, whereby the petitioner was added as a co-respondent in the
KADAM
Digitally signed by
SHUBHADA
                      counter-claim filed by respondent No. 2.
SHANKAR KADAM
Date: 2026.10.06
18:32:20 +0530        2.         Learned counsel for the petitioner submits that the learned
                      Judge should not have added the petitioner as a co-respondent in the
                      counter-claim filed by respondent No. 2. Learned counsel, on instructions,
                      submits that the petitioner is ready and undertakes to appear before the
                      learned Family Court as a witness, in the event, respondent No. 2 issues
                      summons to the petitioner to depose as a witness before the learned
                      Family Court.

                      3.         Learned counsel for respondent No. 2, on instructions, submits
                      that appropriate orders be passed.

                                                      Page 1 of 2
                                                                    84-WP-2566-2026 (C).doc


Shubhada S Kadam


               4.        Considering the submissions of both learned counsel, I pass
               following order:

                                               ORDER

                    a)   The impugned order dated 3rd January 2026 passed by learned
                         Principal Judge, Family Court, Thane, Court No.1 below
                         Exhibit -18 in PA No.437/2024 is quashed and set aside.

                    b)   The petitioner shall appear before the learned Family Court in
                         the event of issuance of witness summons by respondent No.2.

                    c)   Respondent No. 2 shall delete the name of the petitioner from
                         the cause title of the counter claim as co-respondent.

                    d)   The counter-claim of respondent No. 2 shall not be dismissed or
                         prejudiced merely by reason of the non-joinder of the petitioner
                         as a co-respondent, in view of the above observations.

                         The writ petition is disposed of in above terms.



                                                             (SHIVKUMAR DIGE, J.)




                                               Page 2 of 2

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