Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 230 DV 2021 Mrs. Sana Vs Mr. Moinuddin and anr.
CNR-MHMM18-007292-2021
ORDER BELOW EXH.1
1. Today matter is fixed for arguments on application for interim
relief limited to custody of children and application raising objections to
the tenability of the matter.
2. The arguments of the applicant on both these applications now
completed. Ld. Advocate for the respondent, while opening argument
submitted that issue of tenability needs to be decided first. But this court
refused to do so as this is quasi civil proceeding of summary nature and
requested Ld. Advocate to argue on both the applications as date is fixed.
3. While arguing on issue of tenability she tried to enter into detailed
facts mentioned in the documents produced. This court then requested her
that the issue of tenability is purely issue of law and facts can not be gone
into in detailed manner. There is limited scope for considering the factual
aspects of the matter. However, she made submissions that this court is
not giving patience hearing to the parties though arguments are going on
since last one hour and Ld. Advocate for the respondent is arguing for
since last ten minutes. She also submitted that she wants to file transfer
application and willing to transfer the matter some other court.
4. On that Ld. Advocate submitted that this court shall recuse itself
from hearing further as she has not been provided patience hearing. She
also filed application to that effect mentioning those things as submitted.
5. The submissions made at bar are not correct. But in the interest of
justice, following order -
ORDER
The matter is adjourned for fortnight. Respondents are directed to
obtain necessary orders from the competent court about the transfer of the
proceeding within the said period. If they failed the arguments on both the
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C. C. No. 230 DV 2021 Mrs. Sana Vs Mr. Moinuddin and anr.
CNR-MHMM18-007292-2021
applications will be heard on next date without fail. Parties and their
advocates, present before this court shall take note. Order completed at
05.10 p.m.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.09.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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