Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 93 DV 2018 Tarabunish Vs Niyaz
CNR-MHMM18-006525-2018
ORDER BELOW EXH.9
1. Perused record. Heard Ld. Advocate for the applicant and
Respondent Nos.2 and 3.
2. The main application is filed under Section 12 of Protection of
Women from Domestic Violence Act, 2005, hereinafter referred as D.V.
Act. By way of this reply and application, both these respondents sought
deletion of their names mainly on the ground that there are neither
allegations against them nor any reliefs on the basis of such allegations
claimed against them in the main application, Exh.1.
3. After going through the main application and other record, it is
noticed that there is not a single whisper against both these respondents
i.e. Respondent Nos.2 and 3. Neither in the pleadings nor relief clause
anything alledged which will constitute cause of action against them. Any
cause of action against these respondents is totally missing. There is
substance in the contention raised by these applicants. No case made out
against them. They shall not be compelled to face the ordeal of trial for no
fault on their part. Continuation of proceedings against them is nothing
but futile exercise. Accordingly, following order :
ORDER
The prayer is allowed and the names of Respondent No.2, Mr.
Mohd. Umar and No.3, Mrs. Kasir Mohd. Umar, are deleted from the
main proceeding. The amendment carried out accordingly.
MUMBAI (KOMALSING RAJPUT)
DATE – 07.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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