Bombay High Court
NILESH RAMCHANDRA MATEversusDHANASHREE NILESH MATE
- Decided
- Disposal
- Disposed Off
Holding
The petition is allowed and the Family Court's orders are quashed, directing the petitioner to file the list of three witnesses and permitting the exhibition of the document as evidence.
Summary
The petitioner, Nilesh Mate, appealed against orders of the Family Court, Pune, which had refused to exhibit an unconditional apology letter‑cum‑affidavit tendered by the respondent and had delayed the filing of his witness list. The petitioner sought to examine only three witnesses and requested that the document be exhibited as evidence. The respondent argued that the petitioner’s examination‑in‑chief was over and that the delay in filing the witness list indicated an intention to prolong the proceedings. The High Court held that a party seeking to prove his case must be given an opportunity to examine witnesses and that the document could be proved by evidence and marked as an exhibit. Consequently, the Court quashed the Family Court orders, allowed the petition, directed the petitioner to submit the list of three witnesses, and ordered the Family Court to exhibit the document and dispose of the matter promptly.
Issues considered
- Whether the petitioner is entitled to examine three witnesses and have the unconditional apology letter‑cum‑affidavit exhibited as evidence.
- Whether the Family Court's orders refusing to exhibit the document and allowing a 150‑day delay in filing the witness list should be set aside.
Subjects
- Family Law
- Witness Examination
- Evidence
- Procedural Delay
- Appellate Jurisdiction
- Family Court
- Apology Letter
Judgment
92-WP-3642-2026 (C).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3642 OF 2026
Nilesh Ramchandra Mate ...Petitioner/s
Versus
Dhanashree Nilesh Mate ...Respondent/s
_________________________________________________________________
Mr. Pratik Date along with Mr. Dhananjay Joshi, Advocate for Petitioner.
Mr. Sagar Joshi, Advocate for Respondent.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 11th SEPTEMBER, 2026.
P.C. :
1. The challenge in this petition is to the impugned orders dated
8th December 2025 and 2nd January 2026 passed by the Family Court,
Pune.
2. It is contention of learned counsel for the petitioner that the
petitioner seeks to examine three witnesses in support of his case and
undertakes not to examine any other witness except the said three
witnesses.
3. Learned counsel for the petitioner submits that respondent had
tendered an unconditional apology letter-cum-affidavit to the petitioner
and the petitioner produced the same before the Family Court in support
of his case but it was not exhibited by the Family Court. Hence, a direction
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR
KADAM
KADAM
Date:
be given to the Family Court to exhibit the said document, and requested
2026.09.12
15:40:28
+0530
to allow the petition.
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92-WP-3642-2026 (C).doc
Shubhada S Kadam
4. It is contention of learned counsel for the respondent that the
petitioner's examination-in-chief is over. The petitioner had prayed before
the Family Court to keep the list of witnesses in abeyance which shows his
intention to prolong the matter. There was delay in filing the list of
witnesses. The list of witnesses was not filed for 150 days. A document
cannot be exhibited by mere production. The learned Judge has passed a
well-reasoned order and no interference is required in it, and requested to
dismiss the petition.
5. I have heard both learned counsel, perused the impugned
orders. It appears that the petitioner seeks to examine witnesses in support
of his case. It is a settled principle of law that an opportunity should be
given to a party who seeks to prove his case. As per the contention of
learned counsel for the petitioner, the petitioner seeks to examine only
three witnesses and shall provide the names of the said three witnesses to
the Family Court.
6. In respect of exhibiting the unconditional apology letter-cum-
affidavit tendered by the respondent to the petitioner, the same can be
proved by way of evidence. The petitioner can refer the said document to
the respondent in her cross-examination, if the respondent examines
herself to prove her case. If the respondent does not examine herself, the
petitioner can prove the said document through his witnesses or as per the
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92-WP-3642-2026 (C).doc
Shubhada S Kadam
provisions of law. Learned Judge, after considering the said document,
may mark it as an exhibit as per the provisions of law. In view of the
above, I pass following order:
ORDER
(i) The petition is allowed.
(ii) The impugned orders dated 8th December 2025 and 2nd
January 2026 passed by the Family Court, Pune, are quashed
and set aside.
(iii) The petitioner shall provide the list of three witnesses to the
Family Court by next date and the documents may be
exhibited as per the provisions of law.
(iv) The contentions of both parties are kept open.
(v) The Family Court shall dispose of the matter as early as
possible.
The petition is disposed of in above terms.
(SHIVKUMAR DIGE, J.)
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