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Domestic Violence

SHEETAL DEVANG SHAHVsDEVANG MAHENDRA SHAH AND 2 OTH +2 more

CNR MHMM19005820201863-Judicial Magistrate (First Class), 63rd Court
CASE DISPOSED
Uncontested--BY TRANSFER
Decision Date: 27th September 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
150/2018
Registration Date
29 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CHILD LABOUR (PROHIBITION AND REGULATION) ACT · Sec 1 · 12 · 18 · 19 · 2 · 20 · 22 · 3 · a · b · d

    Case History / Proceedings

    Case History
    Date: 15-06-2018
    Business: Board discharged as
    Ld. M.M. is on leave.
    Next Purpose: DV CASES
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Case is taken on today\''s board in view of application filed by Adv.for applicant for taking matter on today\''s board (Exh.5)
    Report filed by protection officer is marked as Exh.4
    Adv. for applicant filed application for interim relief u/s. 23(1) and 23(2) of DV Act
    It is kept for say of respondent
    for say of respondent on Exh.6
    Next Purpose: DV CASES
    Next Hearing Date: 25-06-2018
    
    Date: 25-06-2018
    Business: Applicant present with adv.
    Respondent absent. Adv. for respondent present
    Adv. for applicant filed affidavit for production of documents (Exh.7)
    Say not filed by respondent on interim application filed by applicant
    for reply of respondent on Exh.6 i.e. interim application of applicant
    Next Purpose: DV CASES
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Applicant present with adv.
    Respondent present
    Adv. P.R. Yadav filed VP for respondents (Exh.8)
    Adv. for respondent filed reply of respondent to interim application as well as final application (Exh.9)
    Other side received copy
    for hearing on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Applicant present.  Adv. for applicant absent.   Applicant stated that she wants to appoint new adv. and submitted no objection filed by her adv.
    Applicant filed certain documents
    As the applicant is going to appoint new adv.  she filed application for adjournment.   It is allowed
    For hearing on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 26-07-2018
    
    Date: 26-07-2018
    Business: Applicant absent.   On last date applicant has filed application stating that she wants to appoint new adv.
    Respondent present with adv. and filed application for dismissal of case (Exh.10)
    It is kept for say of applicant
    for say of applicant on Exh.10 and for evidence
    Next Purpose: DV CASES
    Next Hearing Date: 10-08-2018
    
    Date: 10-08-2018
    Business: Applicant present in person
    Respondent present with adv.
    Applicant filed her prayers to court (Exh.11).   It is kept for say of other side.   Other side received copy
    Applicant received copy of Exh.10
    For say of applicant on Exh.10 and for say of respondent on Exh.11
    Next Purpose: DV CASES
    Next Hearing Date: 13-08-2018
    
    Date: 13-08-2018
    Business: Applicant present in person
    Respondents present with adv.
    Arguments heard from the applicant on the point of documents relied upon by her
    Applicant is directed to produce the documents which are relied upon by her for claiming interim relief along with the list of documents and she is also directed to supply copy of all documents to other side after submitting copy to this Court.
    For submission of documents by applicant
    Next Purpose: DV CASES
    Next Hearing Date: 31-08-2018
    
    Date: 31-08-2018
    Business: Applicant present in person
    Respondent absent
    Adv. for respondent present
    Applicant filed list of documents along with certain documents in support of her evidence (Exh.-12)
    Other side received copy
    For say of other side on Exh.12
    Next Purpose: DV CASES
    Next Hearing Date: 07-09-2018
    
    Date: 07-09-2018
    Business: Applicant present in person
    Juhu police filed report of service of notice to respondents.  Respondent no.3 is served (Exh.13)
    Applicant filed application u/s. 23 DV Act for interim relief (Exh.14)
    Adv. for respondent present and filed compilation of documents on behalf of respondents (Exh.15)
    Adv. for respondent filed application for adjournment (Exh.16)
    For reply of respondent on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: Applicant present in person
    Respondent no.1 absent.
    Adv. for respondent present and filed application for production of bank statements on behalf of applicant (Exh.17).   It is kept for say of applicant
    Adv. for respondent filed application u/s. 340 Cr.PC for issue of notice of perjury or notice of such nature invoking provisions of perjury (Exh.18).   It is kept for say of applicant
    For say of applicant on Exh.17 and 18 and for reply of respondent on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 15-09-2018
    
    Date: 15-09-2018
    Business: Applicant present in person.
    Respondent absent.
    Their Advocate are present.
    Exh.19 - Applicant filed appln. for u.s.340 of Cr.P.C.
    O - O.S. to say.
    Exh.20 - Applicant filed appln. for u.s.340, 467, 465, 468, 471, 182, 354d,1,1, 328,7,13,1,d,338, 324, 325, 326, 506, 307, 154,1, 497, 182, 84, 328, 307, 354D, 154,1 of IPC.
    O - O.S. to say.
    For say on Exh.19 and 20 by respondents.
    Next Purpose: DV CASES
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Applicant present
    Respondent no.1 and 2 present with their adv.
    Protection officer present and filed their report (Exh.21)
    Heard arguments of protection officer
    Both sides argued against each other
    For reply of respondent on Exh.19 and 20
    Next Purpose: DV CASES
    Next Hearing Date: 29-09-2018
    
    Date: 29-09-2018
    Business: Applicant present
    Respondent absent.  Junior adv. for respondent present and filed application for adjournment.   It is kept for say of other side
    As the court is having additional charge of 22nd court, hence case is adjourned
    For hearing
    Next Purpose: DV CASES
    Next Hearing Date: 05-10-2018
    
    Date: 05-10-2018
    Business: Applicant present
    Respondent no.1 and 2 present with adv.
    Applicant handed over certain documents to respondent and after some time she took that documents from adv. for respondent.
    Both parties spoke in high tone.   Ld. adv. for respondent no.1 has requested for taking action against applicant after an hour of hearing the matter.   The matter is adjourned till tomorrow for hearing on interim application and on Exh.17
    Next Purpose: DV CASES
    Next Hearing Date: 06-10-2018
    
    Date: 06-10-2018
    Business: Applicant present
    Respondent absent.  Adv. for respondent present
    As the court is busy in recording evidence in other cases and having additional charge of 22nd court, hence case is adjourned
    For hearing
    Next Purpose: DV CASES
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Business: Applicant present in person
    Respondent no.1 and 2 present with adv.
    Adv. for respondent filed copy of order of Honble High Court in notice of motion (L) No.2463/2018 in suit (L) No.1385/2018
    Applicant filed list of documents along with certain documents
    Other side rejected to receive the copy
    Applicant filed her written submission in support of interim application (Exh.22).  It is kept for say of other side.  Other side received copy
    Applicant objected on the point that the adv. appearing on behalf of respondents is not on record and has not filed VP on behalf of respondents and requested for checking of record whether the vp has been filed by adv. for resondent or not (Exh.23).   It is kept for say of other side.   Other side received copy
    Applicant filed application requesting for direction to respondent no.1 for production of certain documents (Exh.24)
    Other side objected to receive copy and not received copy of Exh.24
    Adv. for respondent argued on the point of appearing of applicant in person and she suggested that the applicant should appear before the court through her adv. on next date
    For say  of respondent on Exh.23 and for hearing on other applications
    Next Purpose: DV CASES
    Next Hearing Date: 12-11-2018
    
    Date: 12-11-2018
    Business: Applicant present in person and filed application application for taking matter on todays board for production of certain documents (Exh.25).   It is allowed.   It is kept for say of other side
    Police filed report of service of notice to respondents
    Respondent is served with notice and absent today
    For say of respondent on Exh. 23 and 25
    Next Purpose: DV CASES
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Business: Applicant present in person
    Respondent absent
    Adv. for respondent and filed their reply to Exh.22 filed by applicant (Exh.26).   Applicant received copy
    Adv. for respondent filed application for submitting various orders passed by the Honble High Court, Mumbai in notice of motion (L) No.2463 of 2018 in suit (L) No.1 1385/2018
    Arguments heard from both sides on Exh.22
    For order on Exh.22
    Next Purpose: DV CASES
    Next Hearing Date: 22-11-2018
    
    Date: 22-11-2018
    Business: Case is taken on todays board in view of application filed by applicant for taking matter on todays board (Exh.29)
    Andheri police station filed report and requested for requirement of original documents for investigation purpose (Exh.28)
    Applicant submitted through her application (Exh.29) that her signature on certain documents has been forged which are present amongst the court documents in this case and she complained that this was done by the respondents and their lawyers with the help of court staff who has access to the court case papers.
    Case is adjourned
    For order on Exh.22
    Next Purpose: DV CASES
    Next Hearing Date: 29-11-2018
    
    Date: 29-11-2018
    Business: Applicant present in person
    Respondent absent.
    Adv. for respondent present and filed reply of respondent on Exh.25 and it is marked as (Exh.30).
    Applicant filed application requesting as per provisions of sec. 190 to 195 IPC for addition of certain documents which have been submitted as police complaints in this court as documents in this case being unjustifiable and false and just have been put in the police station as NC\''s for getting undue advantage in the DV case hearing (Exh.31).  It is kept for reply of respondent.
    Order passed separately below Exh.22 and the copy of disputed document vide Exh.C-17 alongwith copy of Exh.C-1 having signature of applicant and copy of Vakalatnama is ordered to be sent to the Handwriting Expert of C.I.D. Department for comparison and verification.
    The concerned Handwriting Expert of C.I.D. Department is directed to forward his/her opinion at the earliest.
    For report of handwriting expert as per order on Exh.C-22
    Next Purpose: DV CASES
    Next Hearing Date: 30-11-2018
    
    Date: 30-11-2018
    Business: case is taken on todays board in view of application filed by applicant for taking matter on todays board
    Applicant filed application requesting for permission for addition of certain documents and directions to respondents for remaining present before the court for hearing on 3 pm and requesting for issue of notice to respondents for appearing before the court for hearing on next date.  It is allowed
    Issue notice to respondents
    For hearing
    Next Purpose: DV CASES
    Next Hearing Date: 07-12-2018
    
    Date: 07-12-2018
    Business: Applicant present in person
    Respondent absent.
    Adv. for respondent present
    Applicant has stated that she has not received copy of Exh.10 i.e. application filed by respondent for dismissal of case, she has referred about instructing counsel Mr. Abad Ponda.
    Adv. for respondent filed application requesting for taking of appropriate actions against applicant as per law and the investigation be conducted regarding illegal FIR hearing No.554/2018 registered against respondents and their advocates at Andheri police station (Exh.32).
    Applicant filed application requesting for additions of certain documents for reference which are filed by respondent no. 2 and 3 in Honble High Court (Exh.33).
    Applicant filed application requesting for addition of certain documents for reference to economic crimes and requested for amendment in names of respondents and for adding the names of Mr. Ashwin Shah (Brother of Mahendra shah) and Mrs. Mira Shah (Wife of Ashwin Shah) for economic offences and mental and physical torture inflicted on her (Exh.34)
    Applicant filed application requesting for addition of certain documents for reference which are submitted by respondents in ABA no.1222/2018 in Sessions Court, Dindoshi (Exh.35)
    Applicant filed application requesting for addition of certain documents filed as reply to Notice of Motion (L) No.2463/2018 in Suit (L) no. 1385/2018 in Honble High Court by respondent no.2  and 3 in collusion with respondent no.1 (Exh.36)
    Applicant filed application requesting for addition  of certain documents as reference for the accelerated economic offences which have occured against her by respondents  which may be referred while hearing of interim application (Exh.37).   All the application filed by applicant today i.e. Exh.33, Exh.34,Exh.35 and Exh.36 are kept for reply of respondent.
    Order passed on Exh.32 which is filed by adv. for respondent today and say of applicant and of  senior P.I. of Andheri police station is called
    The applications and documents filed by both sides today should be served upon each other through Juhu police station
    Case is adjourned
    For reply of both sides on the applications filed by them
    Next Purpose: DV CASES
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Business: case received from office of LD. MM 10th Court as per Hon\''ble CMM order vide ow no. 5563/2018 dt 7-12-2018.
    Next Purpose: DV CASES
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: applicant present in person
    advocate for respondent present
    application filed Exh 38  - application for take on today\''s board alongwith pages from 1 to 44 Exh 39  - application for take on today\''s board alongwith pages from 1 to 2 Exh 40  - application for take on today\''s board alongwith pages from 1 to 9. argument continues on Exh 10
    Next Purpose: DV CASES
    Next Hearing Date: 26-12-2018
    
    Date: 26-12-2018
    Business: case taken on today\''s board
    applicant appeared and filed Exh 41 - application for taken on today\''s board - matter is not on today\''s board. from the averment made in the present application it is not getting what application actually wants so keep it on appointed date.
    Next Purpose: DV CASES
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: applicant present
    advocate for respondent present
    applicant filed Exh 42- application for adjournment of today\\\''s case hearing and for the proceeding of the order under 340 crpc passed on the 29th November 2018 - with the consent of both parties matter is adjourned till 2/2/2019 J.C. is hereby directed to comply the order dated 29/11/2018 passed below Ex 22 immediately. certified copy of this order be given to applicant.
    Next Purpose: DV CASES
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: complainant present and filed Exh 41 - application for adjournment of today\''s case bearing and for certified copies - adjournment granted till next date. copy of this order be given to applicant. later on advocate for accused appeared.
    Next Purpose: DV CASES
    Next Hearing Date: 05-03-2019
    
    Date: 05-03-2019
    Business: complainant present and filed Exh     - application for adjournment of today\''s case hearing and for the processing of the order under 340 crpc passed on 29/11/2018 - time granted till 20/03/2019. documents be sent to handwriting expert as per previous order on the address mentioned in the application. certified copy of this order be provided to applicant
    Next Purpose: DV CASES
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: complainant absent accused absent his advocate present. matter is adjourned
    Next Purpose: DV CASES
    Next Hearing Date: 04-06-2019
    
    Date: 04-06-2019
    Business: When called out
    Applicant is Absent.
    Respondent is absent. Advocate for respondent is present.
    After repeatedly call applicant is absent.
    Adj. to
    Next Purpose: DV CASES
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Applicant present.  Her Advocate absent.  Respondent absent.  His Advocate absent.  Ex. 42 Applicant  submitted an application  for adjournment. o/p Granted till next date.
    Later on Advocate for accused  appeared.
    Next Purpose: DV CASES
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Applicant absent.  Advocate for applicant absent.  Respondent absent.  Advocate for respondent  present.  adjd.
    Next Purpose: DV CASES
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Business: In view of directions issued by the Hon. High Court. Bombay vide office order no. 66 of 2020 on the context of declaration of Noval Coronavirus - COVID - 19 global pandemic by WHO board is discharged. Adj. for DV cases
    Next Purpose: DV CASES
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: In view of directions issued by the Hon. High Court. Bombay vide office order no. 167 of 2020 in continuation of order no. 66 of 2020 on the context of declaration of Noval Coronavirus - COVID - 19 global pandemic by WHO board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 22-07-2020
    
    Date: 22-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DV CASES
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: As per office order no  652 of 2020 dated 31/08/2020 charge is with Ld.M.M. 10th Court.
    Applicant present in person.
    Applicant submitted application at Exh 43 - pryaing matter to be heard on 15/09/2020 Order passed below Exh. 43 -issue notice to respondent as prayed. returnable o 15/09/2020.
    Next Purpose: DV CASES
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Applicant present  in person.   All respondent absent.    Advocate on record  for respondent absent.  Advocate  Vaibhav  Khanolkar appeared  on behalf of   respondent  with copy of authority letter  of  Advocate Shri P.R. Yadav.    Ex.  44   Report of  CID Office   bearing o.w. no.  BHP-237-2020-PCB-02-19-SKK-2020 dated  19-08-2020.     Ex.  45   An application  of applicant    for submission  of interim order  passed by  Honble Family  Court.  O/p   Filed.    Ex. 46   Criminal Contempt Petition submitted by Applicant.  O/p  Filed  and other side to say.  Ex. 47   An application for   3 copies    of CID  report .  O/p  Issue   certified  copy as per rule.   Ex. 48   Application  of applicant   to proceed ex parte.  O.S. To say.   Ex. 49   An application  for adjournment on behalf of   respondent no. 1.  Other side filed her say.    Order passed below Ex. 1.    for further proceedings.
    Next Purpose: DV CASES
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Honble Metropolitan  Magistrate is on leave.  Charge is with Honble Metropolitan Magistrate.  66th Court.  Ex. 50  An application for taken on board  by Applicant in  person.    o/p Allowed.     Ex. 51  An application by applicant in person   for prepone  the date of hearing.   o/p  Issue  notice to respondents  ret. on 28-09-2020.
    Next Purpose: DV CASES
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Business: Applicant present  in person.   Respondents absent.  Advocate for  respondent absent.  Ex.  52  Police report  of service of   notice  received. Notice served.   Seen.    Order passed below Ex. 1.  For further proceedings.
    Next Purpose: DV CASES
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: The matter was called out at 11.00 a.m.  Applicant and respondent absent. Advocate for respondent present. Again at 12.15 p.m. the matter was called. Applicant and respondent absent. Advocate for respondent present. The first opening statement of the advocate for respondent was  your colleague is infected with Covid-19 and I have been called here. Thereafter, he also made a statement that The Court is giving VIP treatment to the applicant, the matter is prepond only on the request of the applicant.  When the Court apprised the advocate for respondent that this Court has not prepond the matter, the order was passed by the incharge Court, then the advocate for respondent mentioned the name of Court No.10, Honble Shri. R.R. Khan, then the interpreter sitting on the dias clarified the situation that, the charge of this Court was not with Court No.10, but it was with Court No.66, Andheri. But, advocate for respondent was not in the state to peruse the file and the orders passed in the file from 15/09/2020.  Thereafter, again applicant was called out repeatedly, but she was absent. Advocate Swapna Kode and Advocate Sonu Randive filed VP at Exh.53 for respondent.  Application for exemption for respondent No.3 at Exh.54 granted for today only. An application for deleting the name of respondent No.2 with death certificate at Exh.55 is filed. Other side to say. An application at Exh.56 filed by advocate for respondent No.1 seeking permission for hearing through Video Conference. Permission granted. An application at Exh.57 for adjournment on behalf of respondent No.3 is filed.  Order passed with direction to file say on Exh.46 and 48. Thereafter at about 1.30 pm. Applicant appeared in person and filed objection on Ex. 56. An application by applicant at Ex. 58  to pass no reply order.  O.S. To say.   Two noting below Exh.1 and one order below Exh.1 are passed. Adjourned for say on Ex. 10 by applicant and say on Ex. 46 and 48 by respondents. Date is given as per convenience  of both sides.
    Next Purpose: DV CASES
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: Honble Metropolitan Magistrate is on leave.  Charge is with Honble Metropolitan Magistrate 66th Court.
    Applicant present in person.  Respondents absent.  Advocate for respondent no. 1 and 2 not appeared.  Advocate for respondent  no. 3 present  and filed say at Ex. 59 on  contempt application.  Read and recorded.   Applicant filed rejoinder to Ex. 59.  Applicant  filed an application at Ex. 60 for expediating the case.   Respondent to say.  Copy furnished to advocate for  respondent no. 3.  Copy for  advocate for respondent no. 1 and 2 kept on record.  For  say  by applicant on Ex. 10 and say by respondents on Ex. 58.
    Next Purpose: DV CASES
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Case taken on board on court motion as   reply of  Advocate  of  respondent no.1  received  through e mail on  contempt petition   filed by applicant.   Seen.   Case already adjourned till   09-10-2020.
    Next Purpose: DV CASES
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Advocate for Respondent  no. 3 present.   The email  sent by Advocate for  respondent no. 1 is marked at Ex. 61 today.   The applicant  came to the court and without making  any submissions   before the court  started talking  to the interpreter from the corridor  of the court.  The applicant informed  the interpreter that she has  dates of  her  other matters  before other  courts.  So she   is in hurry  and she needs  to leave immediately.   She also insisted  the interpreter for the date.  She handed over the application   Ex. 62 with the interpreter  mentioning  for next date  to be given  as 17-10-2020.  Thereafter  learned Advocate  Shri Yadav for respondent nos. 1 and  2   is connected  through  VC.   Applicant  is absent  when repeatedly   called out.  Learned   Advocate Shri  Yadav   for respondent no. 1  submitted  through VC that he has not received   copies of   application at Ex. 48 and 60.  He is informed about the next date is kept  as  17-10-2020 as per the application  Ex. 62 filed by the applicant.   The learned Advocates for  respondent no. 1 and 3 consented  to the said date.    Applicant is still absent when repeatedly  called out.  Hence   the matter is adjourned  till  17-10-2020 as per application  Ex. 62 of the applicant.  Noting is taken below Ex. 1.   for further proceeding.
    Next Purpose: DV CASES
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: Honble Metropolitan  Magistrate is on leave.  Charge is with Honble Metropolitan Magistrate. 65th Court.   Applicant present in person.  Advocate for respondent no. 3 present.  Applicant made an application   Ex. 63  before Honble Metropolitan Magistrate  10th Court  for hearing the  entire matter   of Domestic Violence  150-2018.     Order passed by   Honble Metropolitan Magistrate. 10th  Court. Andheri giving direction   to J.C. Of  63rd Court to  place the matter before  Ld. 65th Metropolitan Magistrate. Andheri  on account of  absence of 63rd Court.  The  Ld.  65th Metropolitan Magistrate is requested  to consider  the request  of applicant as well as  respondent.  The ld.   65th Metropolitan Magistrate  is requested   as ld. 63rd  Court is absent-on leave.   Matter placed before  Honble Metropolitan Magistrate 65th Court.  Order passed on application. The application be kept  for hearing  on next date i.e.  on 20-10-2020 before  regular Court. For hearing on Ex. 63.
    Next Purpose: DV CASES
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: 1.        Applicant and advocate for respondent No.3 present. Advocate for respondent No.1 present through VC.  Advocate for respondent no. 3 submitted  Additional Documents on record Ex. 64.  Filed. Copy furnished to other side.
    2.        Applicant is heard on contempt petition, interim application and the application filed by the respondent No.1 about maintainability of the main application. Advocate for respondent No.3 is also heard on all these three applications. The hearing started at 11.00 a.m. and continued till 12.30 p.m.
    3.       Learned advocate for respondent No.1 submitted that before passing any interim order, the applicant is required to furnish her account details called vide application Exh.17 which was filed by him.  The applicant is informed to file her account details, if any, in order to expedite the trial.  On this, she mentioned that, she is not having any accounts.  She again mentioned that she is having accounts but there are no funds in her account.  On that, applicant asked for the account details of respondent.  The same is informed to both advocates.
    4. Advocate for respondent No.1 is directed to send his detail arguments on interim application, contempt petition and application filed by him about maintainability of the main application.
    5. VC connection while instructing to the advocate for respondent No.1 got disconnected.  Applicant and advocate for respondent No.3 present.  Advocate for respondent No.3 is instructed to inform the same to the advocate for respondent No.1.  Applicant also asked for Income Tax Return and all account details of respondent No.1.  Same is immediately informed over phone to the advocate for respondent No.1 by the advocate for respondent No.3.
    6.  It is also instructed the applicant and advocate for respondent No.3 that two days date will be given for the written arguments to be emailed by the advocate for respondent No.1. On that applicant said that she do not want to continue the matter in this Court and she wants to take this matter out of the Court and she needs date of one month.
    7. The hearing of this matter started at 11.00 a.m. and continued till 12.30 p.m.  Patient hearing was given to the applicant on all three applications.  Advocate for respondent No.3 was also heard on all these applications and matter was to be posted for written arguments to be filed  by respondent No.1 after two days.  Applicant has mentioned in open Court that, she do not want to keep the matter in this Court.  She is moving to the Higher Court and she needs longer date.  Applicant filed application Exh.65 for giving date after 30 days.    Learned advocate for respondent No.3 phoned the advocate for respondent No.1 and informed that, he will remain present whenever the date is given and will argue the before the Court. But the applicant requested for the date to be given in first week of December. Hence, as stated by the applicant the date is given as 03/12/2020.
     Noting is pass below Ex. 1.
    Next Purpose: DV CASES
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Case taken on board as  an e mail received today from Advocate of respondent no. 1. Seen and filed.   Case already adjourned to  03-12-2020
    Next Purpose: DV CASES
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: Applicant absent when called repeatedly till 1.30 p.m.  Respondents absent.   Advocate for respondent no. 1 and 3 present.  The written arguments on behalf of  respondent no. 3 filed already on Ex.46.  Hence he did not want to  argue on the application.   Advocate for respondent no.1  submits that he wants to  argue application Exh. 46 and 48.  Transfer petition  is pending  before the Honble High Court. View of the same  only in respect this application he filed adjournment at Exh. 66.  He produced  copy of   order passed by  Honble Incharge Chief Metropolitan Magistrate. Esplanade. Mumbai on record vide application  Ex.67.Filed.                                                                                                                                                                                                      Advocate for  respondent no. 1 appeared at  11 a.m. and waited till  1.30 p.m. for applicant  to appear. So  that  the matter can be argued  in her presence. He submits that any date convience to the applicant  be given.  For arguments of  Advocate for respondent no. 1 on Ex.  46 and  48.
    Next Purpose: DV CASES
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Case taken on board today  as per application made  by applicant  at Ex. 68. Allowed.   Respondents and their Advocates absent.   Applicant made an application Ex. 69  for adjournment and praying date  4 months later.   Order passed.   ORDER - ... The application is allowed and date is kept  as 16-04-2021 as stated by  the applicant in her application  and before the Court. Matter is for  arguments of  Advocate for respondent no. 1  on Ex. 46 and  48.
    Next Purpose: DV CASES
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Ex. 70 An application  for  taken on board by applicant.  Allowed. Respondent and his Advocate absent.   Ex. 71  An application  for  submitting copies of  Honble Supreme Court proceedings running into pages 1 to 10.  Filed.  Case already adjourned .
    Next Purpose: DV CASES
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Due to COVID-19 board is discharged.
    Adj to
    Next Purpose: DV CASES
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: due to covid 2019 board discharge as per order. adj. to
    Next Purpose: DV CASES
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Due to covid 19 board discharge. adj. to
    Next Purpose: DV CASES
    Next Hearing Date: 02-06-2021
    
    Date: 02-06-2021
    Business: As per SOP of Honble High Court dated 16-04-2021 and Honble CMM office order no. 679/2021 dated 17-04-2021 and also circular no. 11/2021 dated 22-04-2021, board is discharged. Charge is with Honble M.M., 66th Court, Andheri.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DV CASES
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Due to covid 19 situation board discharge. adj. to
    Next Purpose: DV CASES
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: As per SOP of Honble High Court dated 16-04-2021 and Honble CMM office order no. 679/2021 dated 17-04-2021 and also circular no. 11/2021 dated 22-04-2021 and Honble CMM Office office order no. Estt.16/930/2021 dated 11-06-2021 board is discharged. Honble Metropolitan Magistrate is on  leave.  Charge is with Honble Metropolitan Magistrate, 65th Court. Andheri.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DV CASES
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: As per SOP of Honble High Court dated 16-04-2021 and Honble CMM office order no. 679/2021 dated 17-04-2021 and also circular no. 11/2021 dated 22-04-2021 and Honble CMM Office- office order no. Estt.16/930/2021 dated 11-06-2021 board is discharged. later on  Advocate on behalf of  law firm  Mansukhlal Hiralal and co. filed VP on behalf of  applicant. TOR.Also Advocate prays for August date. FOR further proceeding.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DV CASES
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Honble Metropolitan Magistrate is on leave.  Charge is with Honble Metropolitan Magistrate. 65th Court. Andheri.  Board is discharge.
    Next Purpose: DV CASES
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Applicant present  with Advocate.  Respondents absent.  Their Advocates present.   Advocate for respondent no. 1  made an application for submitting writ copy. o/p Production allowed.    Application dated  09-04-2021 made by applicant is  not pressed by applicant.  Order passed below application. Filed.    for further proceedings.
    Next Purpose: DV CASES
    Next Hearing Date: 14-09-2021
    
    Date: 14-09-2021
    Business: Applicant present with Advocate.  Respondents  absent.  Their Advocates present.  by consent
    Next Purpose: DV CASES
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Honble Metropolitan Magistrate is on leave. Charge is with Honble Metropolitan Magistrate, 65th  Court, Andheri. Board discharge.
    Next Purpose: DV CASES
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Applicant present.   Respondent absent. Advocate on behalf of  respondent present.  In view of order passed  by  Honble High Court of Judicature at Bombay in  Misc. Civil Application -ST- no. 96884 of 2020  case is transfer to the Honble 5th Family Court at Bandra.
    Nature Of Disposal: BY TRANSFER
    Disposal Date: 27-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 6929/2018
    Filing Date: 29-05-2018
    First Hearing Date: 15th June 2018
    Decision Date: 27th September 2021
    Court Number And Judge: 63-Judicial Magistrate (First Class), 63rd Court

    Orders

    15
    Final Order 8
    27 Sept 2021
    Order Details: Order
    Pdf Text: CC NO.150/DV/2018
    In view of order passed by the Hon’ble High Court of
    Judicature at Bombay in Misc. Civil Application -ST- no. 96884 of 2020
    case is transfer to the Hon’ble 5th Family Court at Bandra.
    -- 1 of 1 --
    Interim Order 7
    16 Dec 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    ORDER BELOW EXH.69
    Applicant is present today. The regular date is tomorrow i.e.
    on 17/12/2020. She has filed an application (Exh.68) for taking the
    matter on board. Application is allowed. She has filed an application
    (Exh.69) seeking four (4) months date. She also made submission for
    giving date after four months as she has matters pending before the higher
    courts. Hence, the application is allowed and date is kept as 16/04/2021
    as stated by the applicant in her application and before the Court.
    Date :- 16/12/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Interim Order 6Full order available
    20 Oct 2020

    Order Details: Order Pdf Text: 1 CC. No. 150/DV/2018 Sheetal Devang Shah V/s. Devang Shah and others NOTING BELOW EXH.1 Applicant and advocate for respondent No.3 present. Advocate for respondent No.1 present through VC. 2. Applicant is heard on contempt petition, interim application and the application filed by the respondent No.1 about maintainability of the main application. Advocate for respondent No.3 is also heard on all these three applications. The hearing started at 11.00 a.m. and continued till 12.30 p.m.…

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    Interim Order 5
    29 Sept 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    ORDER BELOW EXH.1
    ((1)) Learned advocate for respondent submitted that he resides at
    Satara and due to Covid-19 situation it is not convenient for him to travel.
    Hence, he has filed an application (Exh.56) for hearing through Video
    Conference. The same has been allowed. On the other hand, the applicant
    came at 01.30 p.m. and objected to said application.
    ((2)) Applicant and respondents are residents of Mumbai. Only
    the advocate representing respondent is residing at Satara. Therefore,
    applicant can remain present personally in the Court and argue the matter
    and in her presence through Video Conference the learned advocate for
    respondent can argue the matter. This order is only subject to Covid
    situation.
    Date :- 29/09/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Interim Order 4Full order available
    29 Sept 2020

    Order Details: Order Pdf Text: 1 CC. No. 150/DV/2018 Sheetal Devang Shah V/s. Devang Shah and others NOTING BELOW EXH.1 ((1)) The matter was called out at 11.00 a.m. Applicant and respondent absent. Advocate for respondent present. The matter was kept back. ((2)) Again at 12.15 p.m. the matter was called. Applicant and respondent absent. Advocate for respondent present. The first opening statement of the advocate for respondent was “your colleague is infected with Covid-19 and I have been called…

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    Interim Order 3
    29 Sept 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    NOTING BELOW EXH.1
    Today the matter is on board. It is the regular date.
    Applicant is absent when repeatedly called out till 12.30 p.m. Learned
    advocate for respondent is present. While hearing him on application
    (Exh.10), advocate for respondent used words like “The Court is giving
    VIP treatment to the applicant”, “the matter was prepond on the request of
    the applicant”. These submissions are made by the advocate for
    respondent without perusing the file and knowing the facts and incidents
    taken place in the Court from 15/09/2020 till 29/09/2020.
    Date :- 29/09/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Interim Order 2
    28 Sept 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    ORDER BELOW EXH.1
    ((1)) Heard and perused.
    ((2)) Regular date in the matter was 15/09/2020. On that day
    applicant was heard at length and date was given for 29/09/2020.
    Thereafter, applicant filed an application taking the matter on board on
    24/09/2020. On that day the learned Incharge Court issued notice to
    respondents returnable on 28/09/2020. Notice report is at (Exh.52). It
    mentions that, date was given as 29/09/2020, the learned advocate for
    respondent will remain present on 29/09/2020.
    ((3)) Considering the fact that, on 15/09/2020 in the presence of
    the applicant and the advocate representing respondent, date was given as
    29/09/2020. So also, the notice report (Exh.52) shows that the
    respondent and his advocate will remain present on 29/09/2020.
    Therefore, I do not find it just and proper to hear the matter in the
    absence of other side, as the regular date is tommorrow.
    Date :- 28/09/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Interim Order 1Full order available
    15 Sept 2020

    Order Details: Order Pdf Text: 1 CC. No. 150/DV/2018 Sheetal Devang Shah V/s. Devang Shah and others ORDER BELOW EXH.1 ((1)) Heard application at length. ((2)) All respondents are absent. Advocate Shri. Khanolkar is present. He filed adjournment application at (Exh. 49) stating that, advocate on record for respondent No.1 is at Satara and he could not remain present, due to the prevailing Covid situation. ((3)) Considering, Covid situation in the State and the guidelines of Hon’ble High Court, it…

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    Order 7
    16 Dec 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    ORDER BELOW EXH.69
    Applicant is present today. The regular date is tomorrow i.e.
    on 17/12/2020. She has filed an application (Exh.68) for taking the
    matter on board. Application is allowed. She has filed an application
    (Exh.69) seeking four (4) months date. She also made submission for
    giving date after four months as she has matters pending before the higher
    courts. Hence, the application is allowed and date is kept as 16/04/2021
    as stated by the applicant in her application and before the Court.
    Date :- 16/12/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Order 6Full order available
    20 Oct 2020

    Order Details: Order Pdf Text: 1 CC. No. 150/DV/2018 Sheetal Devang Shah V/s. Devang Shah and others NOTING BELOW EXH.1 Applicant and advocate for respondent No.3 present. Advocate for respondent No.1 present through VC. 2. Applicant is heard on contempt petition, interim application and the application filed by the respondent No.1 about maintainability of the main application. Advocate for respondent No.3 is also heard on all these three applications. The hearing started at 11.00 a.m. and continued till 12.30 p.m.…

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    Order 5
    29 Sept 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    ORDER BELOW EXH.1
    ((1)) Learned advocate for respondent submitted that he resides at
    Satara and due to Covid-19 situation it is not convenient for him to travel.
    Hence, he has filed an application (Exh.56) for hearing through Video
    Conference. The same has been allowed. On the other hand, the applicant
    came at 01.30 p.m. and objected to said application.
    ((2)) Applicant and respondents are residents of Mumbai. Only
    the advocate representing respondent is residing at Satara. Therefore,
    applicant can remain present personally in the Court and argue the matter
    and in her presence through Video Conference the learned advocate for
    respondent can argue the matter. This order is only subject to Covid
    situation.
    Date :- 29/09/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Order 4Full order available
    29 Sept 2020

    Order Details: Order Pdf Text: 1 CC. No. 150/DV/2018 Sheetal Devang Shah V/s. Devang Shah and others NOTING BELOW EXH.1 ((1)) The matter was called out at 11.00 a.m. Applicant and respondent absent. Advocate for respondent present. The matter was kept back. ((2)) Again at 12.15 p.m. the matter was called. Applicant and respondent absent. Advocate for respondent present. The first opening statement of the advocate for respondent was “your colleague is infected with Covid-19 and I have been called…

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    Order 3
    29 Sept 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    NOTING BELOW EXH.1
    Today the matter is on board. It is the regular date.
    Applicant is absent when repeatedly called out till 12.30 p.m. Learned
    advocate for respondent is present. While hearing him on application
    (Exh.10), advocate for respondent used words like “The Court is giving
    VIP treatment to the applicant”, “the matter was prepond on the request of
    the applicant”. These submissions are made by the advocate for
    respondent without perusing the file and knowing the facts and incidents
    taken place in the Court from 15/09/2020 till 29/09/2020.
    Date :- 29/09/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Order 2
    28 Sept 2020
    Order Details: Order
    Pdf Text: 1 CC. No. 150/DV/2018
    Sheetal Devang Shah
    V/s. Devang Shah and others
    ORDER BELOW EXH.1
    ((1)) Heard and perused.
    ((2)) Regular date in the matter was 15/09/2020. On that day
    applicant was heard at length and date was given for 29/09/2020.
    Thereafter, applicant filed an application taking the matter on board on
    24/09/2020. On that day the learned Incharge Court issued notice to
    respondents returnable on 28/09/2020. Notice report is at (Exh.52). It
    mentions that, date was given as 29/09/2020, the learned advocate for
    respondent will remain present on 29/09/2020.
    ((3)) Considering the fact that, on 15/09/2020 in the presence of
    the applicant and the advocate representing respondent, date was given as
    29/09/2020. So also, the notice report (Exh.52) shows that the
    respondent and his advocate will remain present on 29/09/2020.
    Therefore, I do not find it just and proper to hear the matter in the
    absence of other side, as the regular date is tommorrow.
    Date :- 28/09/2020. (S.A.R. Sayed)
    Place : Mumbai Metropolitan Magistrate,
    63rd Court, Andheri, Mumbai.
    -- 1 of 1 --
    Order 1Full order available
    15 Sept 2020

    Order Details: Order Pdf Text: 1 CC. No. 150/DV/2018 Sheetal Devang Shah V/s. Devang Shah and others ORDER BELOW EXH.1 ((1)) Heard application at length. ((2)) All respondents are absent. Advocate Shri. Khanolkar is present. He filed adjournment application at (Exh. 49) stating that, advocate on record for respondent No.1 is at Satara and he could not remain present, due to the prevailing Covid situation. ((3)) Considering, Covid situation in the State and the guidelines of Hon’ble High Court, it…

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