Interim Order 4

Order Details: Order Below EX 1
Pdf Text: CNR NO. MHMM18-000888-2018 C.C.NO. 9/DV/2018
ORDER BELOW (EXH.-34)
By way of this application respondent No.1 wants to setting
aside order dated 01/07/2026. He has submitted that, the absence was
neither intentional nor deliberate. He wants contest with proceeding on
merit. He also submits that, if order dated 01/07/2026 is not set aside
then he may cause serious prejudice. He prayed for application may
kindly be allowed.
2. Applicant filed her say below (Exh.-35) and contested
application on the ground that, the delay is willful. Applicant regularly
attended court since 2018 but respondent Vijay prolonging the matter
on his count. Moreover, respondent not deposited more than 50% of
arrears within one month, as per the order of this court. As on date
nearely about Rs.20,00,000/- outstanding amount pending by way of
maintenance towards respondent No.1. Respondent failed to conduct
matter after granting sufficient opportunities. He has not shown any
valid reason to grant permission and setting aside no cross order. Lastly
prayed for rejection of the application.
3. It is true matter is pending since 2018. Respondent willfully
prolong the matter since long time. He has not paid maintenance
regularly, as per the order of this court. Number of times warrant issued
against him.
4. It is true respondent Vijay prolonged the matter on various
count. But indefeasible right of contesting matter cannot be curtailed.
Moreover, it is true applicant attending the court on every date and she
has suffered economically due to prolonging the nature of respondent.
But such delay can be compensated by imposing heavy cost on
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respondent No.1. Moreover it can be directed matter shall be run day to
day basis. In such situation by imposing cost of Rs.10,000/- on
respondent No.1 and giving permission by setting aside order dated
01/07/2026. Considering facts and circumstances, I pass following
order.
ORDER
1. Application (Exh.-34) is allowed subject to cost of Rs.10,000/-.
Cost shall be paid within 10 days.
2. Matter shall be run twicely in the week.
Date :27/08/2026.
SRD.
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 27/08/2026.
Transcribed on :- 27/08/2026.
Checked on :- 27/08/2026.
Signed on :- 27/08/2026.
SRD
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