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Bombay High Court

DANIEL MASIHversusANITA DANIEL MASIH NEE ANITA CHINNARI AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court quashed the Family Court's order and partly allowed the writ petition, directing the petitioner to withdraw the affidavit and seek amendment of the written statement on its own merit.

Summary

The petitioner, Daniel Masih, filed a writ petition challenging an order of the Family Court dated 13 March 2026 which directed him to delete certain paragraphs from his affidavit of examination‑in‑chief that were not part of the pleadings in the written statement. The petitioner sought leave to withdraw the petition and to file an amendment application before the Family Court to amend the written statement, while the respondents objected, arguing that the matter was already at the evidence stage. The High Court examined whether the Family Court could compel deletion of the affidavit contents and whether the amendment could be entertained at this stage. The Court held that the Family Court's order was improper and quashed it, allowing the petitioner to withdraw the affidavit and file a fresh one after the amendment application is decided. Consequently, the petition was partly allowed and disposed, with directions for the petitioner to file the amendment application within two weeks.

Issues considered

  • Whether the Family Court could direct deletion of paragraphs in the affidavit of examination‑in‑chief not part of the written statement pleadings.
  • Whether an amendment to the written statement can be entertained at the evidence stage.
  • Whether the order of the Family Court dated 13.03.2026 is liable to be set aside.

Subjects

  • amendment of pleadings
  • evidence stage
  • family court
  • writ petition
  • procedural law

Judgment

                                                                                       9-WP-5540-2026 (C).doc


                            S.S.Kilaje


                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION

                                                      WRIT PETITION NO. 5540 OF 2026

                                  Daniel Masih                                           ...Petitioner
                                  VERSUS
                                  Anita Daniel Masih Nee Anita Chinnari And Anr          ...Respondents

                                  _________________________________________________________________
         Digitally signed
SONALI   by SONALI
         SATISH KILAJE
SATISH   Date:
         2026.08.24               Ms. Ayesha A. Agbani i/b. Mr. Yogendra Giri, Advocate for Petitioner.
KILAJE   10:59:20
         +0530

                                  Ms. Prabha Badadare, Advocate for Respondents.
                                  _________________________________________________________________

                                                                     CORAM       :   SHIVKUMAR DIGE, J.
                                                                     DATE        :   20th AUGUST, 2026.
                                  P.C. :

                                  1.         Heard learned counsel for the petitioner and learned counsel for

                                  the respondent.

                                  2.         Learned counsel for the petitioner, on instructions, seeks leave

                                  to withdraw this petition with liberty to file amendment application before

                                  the Family Court. Amendment be carried out in the written statement.

                                  3.         Learned counsel for the respondent strongly objected for filing

                                  the application to carry out amendment in the written statement as the

                                  matter is at evidence stage.

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

                                  order. The learned Family Judge has directed the petitioner to delete the

                                  paragraphs mentioned in the affidavit of examination-in-chief which are



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                                                                9-WP-5540-2026 (C).doc


S.S.Kilaje


      not part of pleadings in the written statement. As the petitioner wishes to

      file amendment application to carry out amendment in the written

      statement, the said application shall be decided on its own merit. In view

      of above, I pass following order.

                                            ORDER

             (i)        The Petition is partly allowed.

             (ii)       The impugned order dated 13.03.2026           passed by the

                        learned Family Court in Petition/A/1294/2019 below

                        Exhibit-82 is quashed and set aside.

             (iii)      The petitioner shall withdraw his affidavit of examination-

                        in-chief and shall file a fresh affidavit of examination-in-

                        chief after his application for amendment in the written

                        statement is decided.

             (iv)       The petitioner shall file application for amendment in the

                        written statement within two weeks after receipt of this

                        order. The learned Judge shall decide the said application

                        on its own merit by giving opportunity to other side.

      5.            Writ Petition is disposed of.

                                                        (SHIVKUMAR DIGE, J.)




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