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 be given to the Family Court to exhibit the said document, and requested to allow the petition. SHUBHADA SHANKAR KADAM Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.09.12 15:40:28 +0530 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 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: O R D E R (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.)