SANHITA SAMIR KUMAR DAS vs AARON JOSEPH MATHIAS

Judgment text excerpt

908-WP-10691-2025.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10691 OF 2025 Digitally signed by ARJUN ARJUN VITTHAL Sanhita Samir Kumar Das …Petitioner VITTHAL KUDHEKAR KUDHEKAR Date: 2025.09.06 Hindu, Indian Inhabitant 21:48:55 +0530 Age-47 years, Occupation-Service Residing at: 105 - Ashirwad 2, Ashirwad C.H.S. 7 Bungalows, off J.P. Road Versova, Andheri (W), Mumbai Versus Aaron Joseph Mathias …Respondent Christian, Indian Inhabitant Age - 46 years, Occupation-Service Residing at: Flat No.1301, Lavender, Mantri Park, Dindoshi, Goregaon (East), Mumbai. _______________________________________________________________ Ms. Firdous Moosa i/b Prachi Nahar, for the Petitioner. Mr. Aditya Miskita a/w Deepika Mule & Kartik Malusare i/b Kiran Mohite, for the Respondent. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 03 SEPTEMBER 2025 JUDGMENT: 1. Heard Ms. Firdous Moosa, learned Counsel appearing for the Petitioner and Mr. Aditya Miskita, learned Counsel appearing for the Respondent. CHALLENGE: 2. The challenge in the present Writ Petition filed under Article 227 of the Constitution of India is to the Order dated 10th February 2025 1 908-WP-10691-2025.doc passed by the learned Judge, Family Court No.2, Mumbai below Exhibit- 24 in Petition No. A-1064 of 2017 (“impugned Order”). By the impugned Order, the said Application bearing Exhibit-24 filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (“CPC”) seeking amendment of the Petition has been rejected. 3. The learned Judge of the Family Court has dismissed the Application on that ground that the questions asked in the Cross- examination have been made the basis for filing the Application, however, the questions as