Created by Fuzzy Cloud

Bombay High Court

VINOD BABRUWAN HULSUREversusTHE STATE OF MAHARASHTRA THROUGH THE DISTRICT COLLECTOR AND ANOTHER

Disposal
DISPOSED OFF

Holding

The High Court held that the Aadhaar card of the deceased must be produced on record, while certified copies of the other documents are sufficient.

Summary

The petitioner, Vinod Babruwan Hulsure, filed a civil miscellaneous application seeking the production of four documents—property records, a land extract, a death extract, and the deceased's Aadhaar card—in a family court proceeding. The trial court rejected the application, holding that certified copies of the first three documents would suffice and that the Aadhaar card was unnecessary. On appeal, the High Court examined whether the Aadhaar card of the deceased was required for the pending controversy. The Court concluded that while certified copies of the first three documents are adequate, the Aadhaar card of the deceased must be produced on record. Accordingly, the application was partially allowed, directing the respondent to produce the Aadhaar card and permitting the petitioner to submit certified copies of the other documents. The trial court was also instructed to conclude the family court proceedings within six months.

Issues considered

  • Whether the petitioner is required to produce the Aadhaar card of the deceased in the family court proceedings.
  • Whether certified copies of property and land documents satisfy the evidentiary requirement.

Subjects

  • document production
  • certified copies
  • Aadhaar card
  • family court
  • civil procedure
  • partial relief
  • high court order

Judgment

2026:BHC-AUG:42820



                                                                                        WP.6483.2023.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                  WRIT PETITION NO. 6483 OF 2023

                                        Vinod Babruwan Hulsure
                                               VERSUS
                                 The State Of Maharashtra And Another

                                                ----
            Mr.Hemant Surve, Advocate for petitioner
            Mr.R.I.Ingole, AGP for respondent no.1
            Mr.Pravin G. Patil, Advocate for respondent no.2
                                                ----

                                              CORAM :           AJIT B. KADETHANKAR, J.
                                              DATE  :           SEPTEMBER 15, 2026
            ORDER :-

                           In the proceedings being Civil Misc. Application No.1350 of

            2021 pending before learned Civil Judge, Senior Division, Latur, an

            application below Exh.26 came to be filed seeking directions to the

            respondents to produce on record following four documents :-


                                                                                            Dated
              Sr. No.                     Particulars of documents


                        Copy of P. R. Card of house property being CTS No. 3699/17
                1.                                                                            –
                        of Latur.

                        Copy of 7/12 extract ofagricultural land admeasuring 1 hector
                2.      23 R from Gut No. 231/क of village Tadmugali, Taluka                  –
                        Nilanga, District Latur.


                3.      Copy of death extract of Deceased - Kavita Vinod Hulsure          21.04.2021


                4.      Copy of Aadhar Card ofthe Applicant                                   –
                                     2                         WP.6483.2023



2.          The said application was opposed by the respondent.

The trial court heard the parties and vide impugned order dated

14.02.2023 rejected the said application.


3.          At paragraph 6 of the impugned order, it is observed that

the documents at serial nos.1 and 2 can be produced by obtaining

their certified copy.   The document at serial no.1 is P.R. card for

property being C.T.S. No.3699/17 of Latur and the document at serial

no.2 is 7/12 extract in respect of land gut no.231/क of village

Tadmugali, Tq. Nilgana, Dist. Latur. In my view, the petitioner can

certainly produce certified copies of these documents.      As regards

the document at serial no.3 i.e. death extract of deceased Kavita

also, the petitioner can obtain certified thereof


4.          So far as document at serial no.4, i.e. Aadhar Card of

deceased is concerned the trial court has observed that it is not at all

required for the controversy which is pending in the proceedings. For

this petty reason, the parties are before this court.



5.          Obviously, certified copies of the documents at Serial

Nos.1 to 3 would serve the purpose of the petitioners.
                                     3                         WP.6483.2023



6.          Considering that it is only a question of document at

serial no.4 i.e. Aadhar Card of the deceased, I deem it appropriate to

allow the application Exh.26 partly, and direct the respondents to

produce the Aadhar card of the deceased Kavita on record.


7.          Hence, the petition is allowed in the following terms:-


(A)         The application Exh.26 filed by the petitioner before the

Family Court is partly allowed and the respondent no.2 – Udhavrao

s/o. Pandurang Gambhire is directed to produce the Aadhar card of

deceased – Kavita on record.


(B)         Needless to mention, the petitioner may obtain certified

copies of documents at serial Nos.1 to 3 and produce them on record

before the Family Court by due process of law.


(C)         In view of this, the two citations relied on by Mr.Surve,

learned advocate for the petitioner in the cases of (i) Dharampal

Arora Vs. Share Tips and others, MANU/DE/0410/1998 and (ii)

M/s. BGC International Pvt. Ltd. and             anr. Vs. M/s. Shree

Mallikarjun Shipping and anr., (2016)2 Mh.L..J. 318 need not

be gone into further.
                                   4                        WP.6483.2023



(D)        At the request of both the parties, the trial court is

requested to conclude the proceedings within a period of 6 months

from today. The parties candidly agree to co-operate with the court.



(E)        The petition stands disposed of accordingly.




                                [AJIT B. KADETHANKAR, J.]
                              ………..


KBP


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.