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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.

                                                        Page 1 of 3
                                                                    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

                                               Page 2 of 3
                                                                      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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