Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. NO. 10/DV/2022
Saira V/s. Mohd. Akram.
ORDER BELOW APPLICATION AT (Exh.-10)
The applicant has filed the present application for seeking
direction to police to assist her for getting her articles, as per order passed
by this court on 11/10/2022. It is contended that, the court in present
matter has passed the order on 11/10/2022 and allowed the applicant to
collect her own clothes, personal belongings, study books, religious books,
important documents etc. Accordingly, she went at respondent’s home and
informed the respondent about the order passed by this court. However,
the respondent did not allow her to collect her articles. It is contended
that, respondent has disobeyed the order of the court and committed the
contempt of the court. The applicant stayed at Bangalore, since
29/10/2022 to 14/11/2022 to collect her articles. But the respondent
influenced and harassed the applicant in various ways. The police assured
to applicant that, if there is order of the court, then they will help the
applicant to collect the articles. Lastly, applicant prayed that, application
be allowed and warrant be issued against the respondent for appearing
before this court. The applicant also sought direction to K. G. Hill police
station to assist the applicant and also sought relief for cost of against the
respondent for her stay at Bangalore.
2. The respondent has resisted the application by filing his say at
(Exh.-12) contended that, the application is false one. The applicant has
unlawfully deserted to respondent No.1. She has willfully left the
matrimonial home and also sent the Khulanama to respondent. The
respondent further contended that, he has filed the petition No.303/2022
before the Hon’ble Family Court, Bangalore for declaration that, the
applicant is no longer his wife and also preferred IA No.1/2023 in the said
proceeding, wherein on 11/08/2022 the Hon’ble Family Court has passed
the order that, both parties to maintain status-quo in connection in suit
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C. C. NO. 10/DV/2012 ORDER BELOW EXH.-10
schedule property. The applicant is well aware about the said fact. But she
concealed the said fact from the court and obtained order dated
11/10/2022. It is contended that, the applicant has preferred the transfer
petion before Hon’ble Apex Court, which was allowed and proceeding
before the Hon’ble Family Court, Bangalore has been transferred to Family
Court, Bandra, Mumbai. Thus, it is contention that, in view of status-quo
order by Family Court, the order pass by this court on 11/10/2022, cannot
be implemented.
3. Heard both sides. Perused the record. The applicant has filed
the proceeding under Domestic Violence Act on 14/01/2022. The record
further shows that, the applicant has filed the application, at (Exh.-4) for
collecting her belongings from the shared household, (matrimonial home)
which on 11/10/2022 came to be allowed, wherein applicant allow to
collect her articles and belongings from the shared household. Thereafter,
the present application came to be filed.
4. In short it is the contention of applicant that, the respondent
No.1 did not allow her to collect her articles, as per the order passed by the
court below (Exh.-4) and he is disobeying the order of the court. Hence,
she sought direction to police to assist her for collecting her articles.
5. The respondent has placed on record the copy of the
proceeding before the Hon’ble Family Court, Bangalore, now which has
been transferred as per the order of Hon’ble Apex Court to the court of
Family Court, Bandra, Mumbai. I would like to state here that, in the said
proceeding on 11/08/2022 the Hon’ble Family Court has passed the order
that, both the parties are directed to maintain status-quo in connection to
the suit schedule property till appearance of defendant i.e. the present
applicant. The suit schedule property is shown as flat bearing No.B-102,
Anand Bairavi Apartments, No.236 Henur main Road Bangalore, 560084.
It is to be noted that, the applicant in present application has shown
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C. C. NO. 10/DV/2012 ORDER BELOW EXH.-10
residential address of respondent No.1 is a schedule property in the
proceeding before the Family Court.
6. Admittedly, this court by passing order dated 11/10/2022
allowed the applicant to collect her belongings, which are lying in her
matrimonial home. However, in respect of the said house property the
Hon’ble Family Court on 11/08/2022 passed the status-quo order, which
suppose to be enforce till the appearance of the defendant. Further, the
said proceeding before the Family Court, Bangalore, has been transferred
to Family Court, Bandra, Mumbai, but the applicant has not placed on
record, whether she has been appeared in the said proceeding and the said
status-quo order has been vacated. No doubt the articles are lying, as per
the contention of applicant, in the schedule property of Family Court
proceeding, but there is a status-quo order in the said proceeding.
Therefore, if the prayer, as sought by the applicant in the present case, will
be allowed then, it would become contradictory order to the status-quo
order passed by the Family Court. In such circumstances, at present the
relief sought by applicant in the present application cannot be allowed.
Hence, I proceed to pass following order.
ORDER
1 The application is rejected.
Mumbai.
Date : 15/03/2024.
SRD.
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
Dictated on :- 15/03/2024.
Transcribed on :- 15/03/2024.
Checked on :- 15/03/2024.
Signed on :- 15/03/2024.
SRD
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