Domestic Violence
MRS. PREETHI SANJAY RIJHWANIVsMR. SANJAY MURLIDHAR RIJHWANI
CNR MHMM19006407201810-Judicial Magistrate (First Class), 10th Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 31st May 2022
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 163/2018
- Registration Date
- 11 Jun 2018
Advocates
0No advocate information is available in this record.
Parties
2Petitioner
Respondent
Acts & Sections
1CHILD LABOUR (PROHIBITION AND REGULATION) ACT · Sec 12
Case History / Proceedings
Case History
Date: 09-07-2018 Business: Applicant absent. Adv. for applicant present Report of service of notice to respondents not filed For report of service of notice and for appearance of respondents Next Purpose: DV CASES AT 1 P.M. Next Hearing Date: 13-08-2018 Date: 13-08-2018 Business: Applicant present with adv. Respondent present with adv. Report of service of notice to respondents (Exh.4) Adv. P.A.Shetty filed VP for respondent (Exh.5) For reply of respondent on interim application Next Purpose: DV CASES Next Hearing Date: 06-09-2018 Date: 06-09-2018 Business: Both parties present with their adv. Adv. for respondent orally requested for time for filing reply of respondent For reply of respondent on interim application Next Purpose: DV CASES Next Hearing Date: 27-09-2018 Date: 27-09-2018 Business: Both parties present with their adv. Adv. for respondent filed their reply to interim application of applicant (Exh.6) For hearing on interim application Next Purpose: DV CASES Next Hearing Date: 19-10-2018 Date: 19-10-2018 Business: Both parties present with their adv. Adv. for applicant filed additional affidavit of applicant (Exh.7) and application for production of certain documents in support of harassment by respondent no.1 (Exh.8), Case is adjournment by consent of both sides For arguments on interim application Next Purpose: DV CASES Next Hearing Date: 28-11-2018 Date: 28-11-2018 Business: Applicant present with adv. Respondent present with adv. Adv for respondent filed application u/s. 91 Cr.PC (Exh.9). It is kept for say of applicant. Adv. for applicant received copy Case is adjourned for For hearing on interim application Next Purpose: DV CASES Next Hearing Date: 05-12-2018 Date: 05-12-2018 Business: Applicant present. Adv. for applicant absent Respondent present with adv. Reply not filed by applicant on Exh.9 By consent of both sides case is adjourned For reply of applicant on Exh.9 and for hearing on interim application Next Purpose: DV CASES Next Hearing Date: 04-01-2019 Date: 04-01-2019 Business: Applicant present with adv Respondent present with adv. Adv. for applicant filed reply of applicant to Exh.9 and it is marked as (Exh.10) On request of both sides case is adjourned For hearing on interim application Next Purpose: DV CASES Next Hearing Date: 25-01-2019 Date: 25-01-2019 Business: Applicant present with adv. Respondent present with adv. Adv. for respondent filed application for permission to produce certain documents (Exh.11). It is allowed Order passed separately below Exh.9 and application filed by respondent requesting for production of documents from applicant i.e. Exh.9 is filed By consent of both sides, case is adjourned For hearing Next Purpose: DV CASES Next Hearing Date: 14-02-2019 Date: 14-02-2019 Business: Applicant present. Her adv. absent Respondent present with adv. As Ld. MM is on jail court duty, hence case is adjourned For hearing Next Purpose: DV CASES Next Hearing Date: 21-02-2019 Date: 21-02-2019 Business: Applicant present with adv. Respondent present with adv. Adv. for applicant filed reply of applicant to the application for production of documents (Exh.12). Other side received copy Adv. for respondent filed application for production of documents u/s. 91 Cr.PC (Exh.13). It is kept of say of applicant. Other side received copy For say of applicant on Exh.13 and for hearing on interim application Next Purpose: DV CASES Next Hearing Date: 08-03-2019 Date: 08-03-2019 Business: Applicant present with adv. Respondent present with adv. Adv. for applicant filed say of applicant to the second application filed by respondent u/s. 91 Cr.PC (Exh.14). By consent of both sides, case is adjourned For arguments of respondent on interim application Next Purpose: DV CASES Next Hearing Date: 19-03-2019 Date: 19-03-2019 Business: Applicant present with adv. Respondent present with adv. Adv. for applicant filed application requesting for production of evidence regarding ill treatment of respondent (Exh.15). Order passed separately below Exh.13 and respondent is directed to make hearing on interim application first and then summons may be issued for production of desired documents. For hearing of respondent on interim application Next Purpose: DV CASES Next Hearing Date: 03-04-2019 Date: 03-04-2019 Business: Ld. M. M. is on Custom duty. Hence board discharged Next Purpose: DV CASES Next Hearing Date: 22-04-2019 Date: 22-04-2019 Business: Applicant present with adv. Respondent present with adv. Arguments heard from adv. for respondent on interim application Reply of adv. for applicant on interim application is heard By consent of both sides, case is adjourned For order on interim application Next Purpose: For order Next Hearing Date: 04-05-2019 Date: 04-05-2019 Business: Applicant present. Adv. for applicant absent. Respondent present with adv. Interim order passed separately below Exh.C-1 and application is partly allowed Respondent no.1 is directed to pay Rs.10000/- per month to applicant as interim maintenance since filing of application. Respondents are directed not to commit any domestic violence as alleged by applicant The rest of the reliefs claimed by the applicant are kept open for the trial The copy of this order be provided to applicant free of cost For evidence Next Purpose: DV CASES Next Hearing Date: 25-06-2019 Date: 25-06-2019 Business: Applicant present with adv. Respondent present with adv. Respondent paid Rs.5000/- to applicant as interim maintenance today, but applicant refused to accept it, hence respondent deposited the amount in cash department of the court Adv. for respondent filed application requesting for production of documents u/s. 91 Cr.PC(Exh.16). It is kept for say of applicant. Other side received copy Adv. for applicant filed application requesting for directions to respondent to produce his incometax return, bank statement and will of his deceased father (Exh.17). It is kept for respondent. Other side received copy Adv. for applicant filed application requesting for issue of distress warrant against respondent (Exh.18). It is kept for say of respondent. By consent of both sides, case is adjourned For filing of affidavit of evidence and for reply of both sides on various applications Next Purpose: DV CASES Next Hearing Date: 29-07-2019 Date: 29-07-2019 Business: Applicant present with adv. Respondent present with adv. Respondent has deposited Rs.1000/- on 15/07/2019 before this court as interim maintenance Respondent paid Rs.5000/- to applicant today as interim maintenance Adv. for applicant filed their say to the application of respondent u/s 91 Cr.PC for production of documents (Exh.19). Other side received copy Adv. for respondent filed reply of respondent to the application of applicant for production of documents (Exh.20). Other side received copy Respondent is directed to clear the arrears of interim maintenance earlier and the applicant is directed to file her affidavit of evidence on next date By consent of both sides, case is adjourned For filing of affidavit of evidence by applicant and for recovery of arrears of interim maintenance Next Purpose: DV CASES Next Hearing Date: 28-08-2019 Date: 28-08-2019 Business: Applicant present with adv. Respondent present with adv. Respondent paid Rs.5000/- to applicant today as interim maintenance By consent of both sides case is adjourned For filing of affidavit of evidence by applicant and for recovery of interim maintenance Next Purpose: DV CASES Next Hearing Date: 04-10-2019 Date: 04-10-2019 Business: Applicant present with adv. Respondent present with adv. Respondent has deposited Rs.5000/- as interim maintenance on 30/09/19 and today he paid Rs.10000/- to applicant as interim maintenance Applicant has not filed her affidavit of evidence till today Adv. for respondent filed application requesting for directions to applicant for filing of affidavit of evidence of applicant Next Purpose: DV CASES Next Hearing Date: 20-11-2019 Date: 20-11-2019 Business: As Ld. MM is on customs duty, hence case is adjourned For filing of affidavit of evidence by applicant Next Purpose: DV CASES Next Hearing Date: 19-12-2019 Date: 19-12-2019 Business: Applicant present with adv. Respondent present with adv. Respondent paid Rs.5000/- to applicant today as interim maintenance Adv. for applicant filed affidavit of evidence of applicant today (Exh.22). Other side received copy Respondent is directed to clear the arrears of interim maintenance earlier By consent of both sides case is adjourned For recovery of interim maintenance and for evidence of applicant Next Purpose: DV CASES Next Hearing Date: 07-01-2020 Date: 07-01-2020 Business: Applicant present. Her adv. absent. Holding adv. for applicant present Respondent present with adv. Respondent paid Rs.10000/- to applicant today as interim maintenance Due to absence of adv. for applicant, on request of applicant case is adjourned For evidence of applicant Next Purpose: DV CASES Next Hearing Date: 23-01-2020 Date: 23-01-2020 Business: Applicant absent. Her adv. present in morning sessions and moved application requesting for adjournment In second sessions case is called Applicant and her adv. absent Respondent present with adv. Adv. Uma pandit filed joint VP for respondent Adjournment is granted by consent of respondent and his adv. For evidence of applicant Next Purpose: DV CASES Next Hearing Date: 13-02-2020 Date: 13-02-2020 Business: Applicant present with adv. Respondent present with adv. Respondent paid Rs.10000/- today as interim maintenance C.W.No.1 resumed on SA (Exh.22) Name - Smt. Preeti S. Rizwani Cross exam by ld.Adv. uma Pandit for respondent (At this juncture, as the other litigants are waiting for their turn, hence further cross exam is deferred till next date) For further evidence Next Purpose: DV CASES Next Hearing Date: 03-03-2020 Date: 03-03-2020 Business: As Ld. MM is on customs duty, hence board is discharged For evidence of applicant Next Purpose: DV CASES Next Hearing Date: 13-04-2020 Date: 13-04-2020 Business: As per directions of Honble High Court, due to precautions against Corona Virus and as there is no urgency in the matter, hence case is adjourned For hearing Next Purpose: DV CASES Next Hearing Date: 08-05-2020 Date: 08-05-2020 Business: As per directions of Honble High Court, due to precautions against Corona Virus and as there is no urgency in the matter, hence case is adjourned. For hearing Next Purpose: DV CASES Next Hearing Date: 22-05-2020 Date: 22-05-2020 Business: As per directions of Honble High Court, due to precautions against Corona Virus and as there is no urgency in the matter, hence case is adjourned Next Purpose: DV CASES Next Hearing Date: 24-07-2020 Date: 24-07-2020 Business: As per directions of Honble High Court, due to precautions against Corona Virus and as there is no urgency in the matter, hence case is adjourned Next Purpose: DV CASES Next Hearing Date: 18-08-2020 Date: 18-08-2020 Business: As per directions of Honble High Court, due to precautions against Corona Virus and as there is no urgency in the matter, hence case is adjourned Next Purpose: DV CASES Next Hearing Date: 02-09-2020 Date: 02-09-2020 Business: Respondent present in person Respondent orally requested this court for taking matter on todays board and filed an application requesting for expediting the further cross exam of applicant (Exh.23). Order passed on application and notice is issued to the applicant for remaining present before this court and for filing her say on the said application Issue notice to applicant for remaining present before the court and for filing her say Respondent is directed to collect and serve the notice to applicant and the next date for hearing is given as 07/09/2020 For say of applicant on the application of respondent for expediting the cross Next Purpose: DV CASES Next Hearing Date: 07-09-2020 Date: 07-09-2020 Business: Applicant present. Her adv. on record absent. Holding adv. for applicant present Respondent present with adv. Report of protection officer regarding service of notice to applicant is received (Exh.24) and as per report notice is duly served to applicant Arguments heard from both sides and on request of holding adv. for applicant and by consent of both sides case is adjourned For cross of applicant Next Purpose: DV CASES Next Hearing Date: 08-10-2020 Date: 08-10-2020 Business: Applicant present with her adv. Respondent and his adv. absent when case is called repeatedly. Adv. for applicant stated that he has to attend urgent hearing in Honble Sessions Court, hence due to absence of respondent and his adv. on repeatedly calling of the case and on request of adv. for applicant, case is adjourned For further hearing on pending applications later on respondent present in person For further hearing on pending applications Next Purpose: DV CASES Next Hearing Date: 04-11-2020 Date: 04-11-2020 Business: Applicant present. Her adv. absent. Holding adv. for applicant present Respondent and his adv. absent Adv. for applicant filed one pursis stating the total amount of arrears of interim maintenance due from respondent (Exh.25) and requesting for directions to respondent for clearing the arrears of interim maintenance. It is kept for say of respondent. Later on respondent present For reply of respondent on Exh.25 and for further evidence Next Purpose: DV CASES Next Hearing Date: 11-12-2020 Date: 11-12-2020 Business: Applicant present with her adv. Respondent present with adv. Respondent stated that he is going to pay certain amount to the applicant as interim maintenance and it is allowed and the adv. for respondent is informed to submit receipt for the same Adv. for applicant argued that the respondent is in huge arrears of interim maintenance Adv. for respondent argued that the applicant is delaying for the cross examination and they are ready to conduct the cross exam of the applicant Hence the respondent is informed to clear the arrears of interim maintenance and the applicant is also informed for getting ready for her cross examination The receipt of payment of interim maintenance by respondent to applicant is not furnished by both parties As the court is busy in recording evidence in Honble Apex Court expedited DV case, hence by consent of both sides, case is adjourned For payment of arrears of interim maintenance by respondent and for cross exam of the applicant Next Purpose: DV CASES Next Hearing Date: 19-12-2020 Date: 19-12-2020 Business: Applicant present with adv. Respondent present with adv. ON request of adv. for both sides, case is adjourned For recovery of interim maintenance and for evidence of applicant Next Purpose: DV CASES Next Hearing Date: 04-01-2021 Date: 04-01-2021 Business: Applicant present Respondent present As the court is busy in recording evidence in Honble Apex Court expedited DV case no. 340/DV/2017, hence case is adjourned For evidence of applicant Next Purpose: DV CASES Next Hearing Date: 13-01-2021 Date: 13-01-2021 Business: Applicant present. Her adv. absent Respondent present. His adv. absent Both parties orally stated that their adv. are on the way, hence case is adjourned for some time After some time again case is called and adv. for both sides are absent, hence due to absence of adv. for both sides and as the court is busy in hearing final arguments in Honble Apex Court expedited DV case hence case is adjourned later on adv. for applicant present For recovery of arrears of interim maintenance and for evidence of applicant Next Purpose: DV CASES Next Hearing Date: 08-02-2021 Date: 08-02-2021 Business: Applicant present with adv. Respondent present with adv. Adv. for respondent filed list of documents alongwith certain documents (Exh.26) C.W.No.1 resumed on SA (Exh.22) continued Further cross exam of applicant by ld.adv. Mrs. Uma pandit for respondent Exh.27 - photographs and registration certificate of the car of applicant collectively During recording of evidence, ld.adv. for respondent tendered certain bunch of documents for referring the witness in cross examination and ld.adv. for applicant objected that such documents should be filed on record or must be given to other side before confronting with the witness. On this point, both sides argued against each other in some louder voice. In such circumstances, for smooth trial, ld.adv. for respondent is directed to file the relevant documents on record and also provide the copies to other side and then conduct further cross exam At this juncture, as the other litigants are waiting for their turn, hence further cross exam is deferred till next date Adv. for applicant filed application requesting for directions to the respondent to provide for food and other thing i.e. expenditure (Exh.28). It is kept for say of respondent. Other side received copy By consent of both sides, case is adjourned For further cross exam of applicant Next Purpose: DV CASES Next Hearing Date: 12-02-2021 Date: 12-02-2021 Business: Applicant present with adv. Respondent present with adv. Further cross of C.W.No.1 on SA Further cross exam by ld.adv. for respondent Cross exam is conducted for half an hour and as the other litigants are waiting for their turn, hence cross exam is deferred till next date For further cross exam of applicant Next Purpose: DV CASES Next Hearing Date: 20-02-2021 Date: 20-02-2021 Date: 03-03-2021 Business: Applicant present with adv. Respondent present with adv. C.W.No.1 resumed on SA (Exh.22) continued Further cross exam by ld.adv. Uma pandit for respondent Exh.29 - statement of witness recorded by D.N.Nagar police (At this juncture, as the other litigants are waiting for their turn, hence further cross exam is deferred till next date) and case is adjourned by consent of both sides For further cross exam of applicant Next Purpose: DV CASES Next Hearing Date: 12-03-2021 Date: 12-03-2021 Business: Ld. M.M. on Customs duty. Applicant absent. Respondent absent. Adv. for Respondent is present. Adv. for Applicant was present later on. Next Purpose: DV CASES Next Hearing Date: 26-03-2021 Date: 26-03-2021 Business: Both parties are present with their respective advocates. Adv. for applicant has filed application for distress warrant against the respondent. Other side to say on the same. Case is adjourned. Next Purpose: DV CASES Next Hearing Date: 06-04-2021 Date: 06-04-2021 Business: Applicant present with adv. Respondent present with adv. Respondent filed his reply to the application of applicant for distress warrant (Exh.30) C.W.No.1 resumed on SA (Exh.22) continued Further cross exam by adv. for respondent At this stage at about 4.40 pm, as the court time is over, further cross exam is deferred till next date For further cross exam of C.W.NO.1 and for hearing on the application of applicant for distress warrant Next Purpose: DV CASES Next Hearing Date: 16-04-2021 Date: 16-04-2021 Business: In view of the Corona Virus Pandemic situation, as per the SOP issued by the Hon. Bombay High Court and as per directions issued by Hon. CMM, Mumbai, the board is discharged. Next Purpose: DV CASES Next Hearing Date: 04-05-2021 Date: 04-05-2021 Business: In view of the Corona Virus Pandemic situation, as per the SOP issued by the Hon. Bombay High Court and as per directions issued by Hon. CMM, Mumbai, the board is discharged. Next Purpose: DV CASES Next Hearing Date: 31-05-2021 Date: 31-05-2021 Business: In view of the Corona Virus Pandemic situation, as per the SOP issued by the Hon. Bombay High Court and as per directions issued by Hon. CMM, Mumbai, the board is discharged. Next Purpose: DV CASES Next Hearing Date: 18-06-2021 Date: 18-06-2021 Business: Applicant and her adv. absent Respondent present. His adv. absent In view of the Corona Virus Pandemic situation, as per the SOP issued by the Hon. Bombay High Court and as per directions issued by Hon. CMM, Mumbai, the board is discharged. Next Purpose: DV CASES Next Hearing Date: 06-07-2021 Date: 06-07-2021 Business: Applicant and her adv. absent Respondent and his adv. absent In view of the Corona Virus Pandemic situation, as per the SOP issued by the Hon. Bombay High Court and as per directions issued by Hon. CMM, Mumbai, the board is discharged. For evidence of applicant Next Purpose: DV CASES Next Hearing Date: 07-08-2021 Date: 07-08-2021 Business: Applicant present with adv. Respondent present with adv. Adv. for both sides argued in a loud voice on the point of interim maintenance and adv. for respondent submitted that respondent is paying the amount of Rs.10000/- to the applicant today. The applicant denied to accept the same amount stating that huge amount of interim maintenance is due from respondent. Hence respondent is directed to pay the amount of Rs.20000/- to applicant on next date and the applicant is directed to receive the amount of Rs.10000/- from respondent today Respondent paid the amount of Rs.10000/- to applicant today as interim maintenance C.W.No.1 Smt. Preethi Rizvani (Exh.22) continued Further cross exam by adv. smt. Uma Pandit for respondent During the court of cross examination, adv. for both sides argued against each other in loud voice. At this juncture as the other litigants are waiting for their turn, hence further cross exam is deferred till next date By consent of both sides, case is adjourned For further cross exam of applicant and for recovery of arrears of interim maintenance Next Purpose: DV CASES Next Hearing Date: 13-08-2021 Date: 13-08-2021 Business: Applicant present with adv. Respondent absent. Adv. for respondent absent. Holding adv. for respondent and orally requested for adjournment stating that the adv. for respondent on record are unable to remain present today due to medical grounds. Hence due to absence of respondent and his adv., and on request of holding adv. for respondent, case is adjourned For evidence of applicant and for recovery of arrears of interim maintenance Next Purpose: DV CASES Next Hearing Date: 26-08-2021 Date: 26-08-2021 Business: Applicant present with adv. Respondent present with adv. Respondent paid Rs.20000/- to applicant today by cheque as payment towards interim maintenance and he produced a receipt for same Adv. for respondent orally requested for adjournment stating that she requires a time of one and half hour for completion of her cross exam. Hence on request of adv. for respondent and by consent of adv. for both sides, case is adjourned For evidence of applicant Next Purpose: DV CASES Next Hearing Date: 07-09-2021 Date: 07-09-2021 Business: Applicant present in person. Her adv.absent Respondent present with adv. As ld.mm is on leave, hence board is discharged by consent of both sides For evidence of applicant Next Purpose: DV CASES Next Hearing Date: 23-09-2021 Date: 23-09-2021 Business: Applicant is present with her advocate. Respondent is present with his advocate. Evidence of C.W. No. 1. Smt. Preethi Sanjay Rijhwani resumed on S.A. Further cross examination continued by Ld. Advocate Mrs. Uma Pandit for respondent. List of case laws came to be filed by the respondent. Heard both sides. Case is adjourned for further evidence. Next Purpose: DV CASES Next Hearing Date: 07-10-2021 Date: 07-10-2021 Business: Applicant present with adv. Respondent present. Adv. for respondent absent Respondent paid Rs.10000/- to the applicant today as payment towards interim maintenance and orally requested for adjournment as his adv. is unable to remain present today. Hence by consent of both sides, case is adjourned For recovery of arrears of interim maintenance from respondent and for evidence of applicant Next Purpose: DV CASES Next Hearing Date: 28-10-2021 Date: 28-10-2021 Business: Applicant present with adv. Respondent present with adv. Previously as a sequel of deferring of cross exam of the applicant on the point of confronting the witness with certain documents, ld.adv. for applicant has taken strong objection and the ld.adv. for respondent has relied upon the case of Mrs. Havovi Kersi sethna Vs. Kersi Gustad sethna vide in suit no. 16/2008 of Honble High Court, Mumbai to afford a fair opportunity to respond the stand of ld.adv. for respondent and ld.adv, for applicant has been provided with the said case law with all opportunity for making hearing on that subject. Today arguments heard at length from both sides on the said case law Order passed separately and on the basis of judicial ratio laid down by Honble High Court, Mumbai and relied upon by ld.adv. for respondent and in the absence of any converse judicial position and to provide a fair trial to both sides, the ld.adv., for respondent is permitted to question and confront the applicant with relevant documents during cross examination. The certified copy of this order is ordered to be given to both parties free of costs forthwith By consent of both sides, case is adjourned For further cross exam of the applicant Next Purpose: DV CASES Next Hearing Date: 09-11-2021 Date: 09-11-2021 Business: Case is taken on todays board in view of request of adv. for applicant Adv. for applicant present and filed application requesting for taking matter on todays board (Exh.31). It is allowed Adv. for applicant also filed application requesting for preponing the date of hearing (Exh.32). It is allowed and order passing on the said application and notice is issued to respondent for remaining present before the court on next date of hearing Issue notice to respondent informing him about the preponing the date of hearing on 16/11/2021 For appearance of both sides and for evidence of applicant Next Purpose: DV CASES Next Hearing Date: 16-11-2021 Date: 16-11-2021 Business: Ld. M.M. is on leave, hence board is discharged. Next Purpose: DV CASES Next Hearing Date: 30-11-2021 Date: 30-11-2021 Business: Applicant present with adv. Respondent present with adv. Report of protection officer regarding service of notice to respondent is received (Exh.33). Respondent has not paid interim maintenance to applicant, hence adv.for applicant filed application requesting for directions to respondent to clear the arrears of interim maintenance (Exh.34). It is kept for say of respondent and the adv. for applicant is directed to serve the copy of the said application to respondent or his adv. through email and due to nonavailability of steno and typist, case is adjourned For say of respondent on Exh.34 and for evidence of applicant Next Purpose: DV CASES Next Hearing Date: 09-12-2021 Date: 09-12-2021 Business: Applicant present with adv. Respondent present with adv. Adv. for respondent filed list of documents with certain of documents (Exh.35) C.W.No.1 Smt. Preethi Sanjay Rizhwani resumed on SA (Exh.22) continued Further cross exam by ld.adv. Mrs. Uma Pandit for respondent On request of both sides, matter is taken in camera Exh.36 - page nos.33 and 34 of the list of documents filed by respondent today i.e. Form No.15 -G Exh.37 - Jewelery bills contained in page Nos.85 to 144 of the list of documents filed by respondent today collectively During the course of evidence, one audio recording submitted by respondent through pendrive alongwith list of documents at page nos.58 to 64 is played before the court in camera and after hearing of the same, the applicant refused that it is not her voice At this stage as the other litigants are waiting for their turn, hence cross exam is deferred till next date Adv. for respondent filed respondent\''s certificate by way of affidavit (Exh.38) Adv. for respondent also filed application requesting for verification of applicant\''s voice with pendrive submitted by respondent along with list of documents compilation (Exh.39). It is kept for say of applicant By consent of both sides, case is adjourned For further cross exam of applicant and for say of applicant on Exh.39 Next Purpose: DV CASES Next Hearing Date: 21-12-2021 Date: 21-12-2021 Business: Applicant present with adv. Respondent present with adv. Adv. for applicant filed application requesting for directions to the society of the respondent to furnish the details of the vehicle bearing registration No. MH 02 EP 9837 (Exh.40). It is kept for say of respondent. On request of adv. for respondent, case is adjourned For say of applicant on Exh.39 and for say of respondent on Exh.40 and for further evidence of applicant Next Purpose: DV CASES Next Hearing Date: 28-12-2021 Date: 28-12-2021 Business: Ld. M.M. on leave, hence board is discharged. Next Purpose: DV CASES Next Hearing Date: 10-01-2022 Date: 10-01-2022 Business: Applicant present with adv. Respondent present with adv. Adv for applicant filed reply of applicant to the application of respondent for verification of applicant\''s voice with pendrive (Exh.41). Other side received copy Adv., for respondent filed reply of respondent to the application of applicant for direction to the society of respondent to furnish details of vehicle bearing registration no. MH 02 EP 9837 (Exh.42). Other side received copy As per SOP issued by Honble High Court and as per order of Honble CMM and as there is no urgency in the matter, hence board is discharged For hearing on Exh.39 and Exh.40 and for further cross exam of applicant Next Purpose: DV CASES Next Hearing Date: 14-01-2022 Date: 14-01-2022 Business: Applicant present with adv. Respondent present with adv. and filed his affidavit in support of his application dated 09/12/21 vide Exh.39 As per SOP issued by Honble High Court and on request of adv. for both sides, case is adjourned For hearing on applications of both sides vide Exh.39 and 40 and for further cross of applicant Next Purpose: DV CASES Next Hearing Date: 15-01-2022 Date: 15-01-2022 Business: Applicant present with adv. Respondent present with adv. Adv. for applicant filed affidavit of applicant supporting to her application vide Exh.40 requesting for directions to society of respondent to furnish details of vehicle bearing no. MH 02 EP 9837 (Exh.44). It is kept for say of respondent. Other side received copy Adv. for applicant filed application requesting for striking out defence of the respondent for non compliance of order dated 0/05/19 and defying the same alongwith the supporting affidavit of applicant (Exh.45) (Exh.46). It is kept for say of respondent. Other side received copy. Adv. for applicant filed application u/s. 31 DV Act alongwith supporting affidavit of applicant (Exh.47)(Exh.48). It is kept for say of respondent. Other side received copy As the court is busy in hearing arguments virtually in 382/DV/2019, hence by consent of both sides, case is adjourned For say of respondent on Exh.45 and Exh.47 and for hearing on the applications of both sides vide Exh.39 and Exh.40 and for further cross of applicant at 2.30 pm Next Purpose: DV CASES Next Hearing Date: 19-01-2022 Date: 19-01-2022 Business: Applicant present. Her adv. absent Respondent present with adv. As per SOP issued by Honble High Court and as per order of Honble CMM and as there is no urgency in the matter, hence board is discharged For reply of respondent on Exh.45 and 47 and for hearing on the applications of both sides vide Exh.39 and 40 and for further cross of applicant Next Purpose: DV CASES Next Hearing Date: 21-01-2022 Date: 21-01-2022 Business: Applicant present with adv. Respondent present with adv. ADv. for respondent filed application requesting for directions to applicant for producing proper copies of exhibits attached in her applications dated 15/01/2022 (Exh.49). It is kept for say of applicant. Other side received copy Adv. for respondent filed reply of respondent on the applications of the applicant dated 14/02/2019 and 25/06/2019 (Exh.50) and (Exh.51). Other side received copy As per SOP issued by Honble High Court and as per order of Honble CMM and as there is no urgency in the matter, hence board is discharged For reply of respondent on Exh.45 and 47 and for reply of applicant on Exh.49 and thereafter for hearing on various pending applications of both sides dated 14/02/19, 25/06/19 and applications vide Exh.39 and 40 and for cross of the applicant Next Purpose: DV CASES Next Hearing Date: 25-01-2022 Date: 25-01-2022 Business: Applicant present with adv. Respondent present with adv. Arguments heard from both sides on Exh.15 and Exh.17 Order passed separately below Exh.15 i.e. application filed by applicant for production of CD containing ill treatment to her by 79 years old breast cancer patient i.e. mother of respondent and the application filed by the applicant is allowed Order passed separately below Exh.17 i.e. application filed by applicant for issuance of directions to respondent to produce his income tax returns, bank statement and will of his deceased father and the request of the applicant for production of will executed by deceased father of respondent is turned down and both the parties are directed to file their affidavits of assets and liabilities in purview of directions given by Honble Apex Court in the case of Rajnesh V/s. Neha Adv. for applicant filed application requesting for permission for correction in the reply of the applicant to the application of respondent dated 09/12/21 (Exh.52). It is kept for say of respondent. Adv. for respondent filed list of certain case laws in support of their arguments (Exh.53). Other side received copy Arguments heard from both sides on Exh.39 i.e. application of respondent dated 09/12/21 for verification of voice of the applicant By consent of both sides, case is adjourned For reply of respondent on Exh.45, 47 and 52 and for order on Exh.39 and for hearing on Exh.40 Next Purpose: DV CASES Next Hearing Date: 31-01-2022 Date: 31-01-2022 Business: Applicant present. Her adv. absent Respondent present. His adv. absent As per SOP issued by Honble High Court and as per order of Honble CMM, Esplanade, Mumbai and as the court is busy in passing order in case no. 42/sw/2021, hence case is adjourned For reply of respondent on Exh.45,47 and 52 and for hearing on Exh.40 and for order on Exh.39 Next Purpose: DV CASES Next Hearing Date: 03-02-2022 Date: 03-02-2022 Business: Applicant present in person. Her adv. absent Respondent present in person. His adv. absent. Order passed separately below Exh. 39. i.e. the application of respondent requesting for directions to applicant for giving her voice sample for verification with audio recording filed by respondent in pen drive on case record and the applicant is informed that, if she consents, she may give her voice sample at D.N.Nagar police station in presence of her adv., respondent and his adv. and concerned protection officer on 16/02/22 at 11.30 am. Both the parties are informed that, if the applicant arrives and gives consent, the senior P.I. of D.N.Nagar police station shall collect the voice samples of applicant as per established scientific procedure in presence of her adv, protection officer, respondent and his adv. and inform the same to the Court. If the applicant gives her sample, then it will be forwarded with the pen drive on record for forensic examination. The respondent has to incur all the expenses and fees required for above procedure and file the compliance report on next date. Copy of this order be also forwarded to protection officer and D.N.Nagar police station for compliance after consent of applicant. Both the parties are informed that, in the event if applicant denies to give her voice sample, the case will proceed further. The copy of this order is ordered to be provided to applicant and respondent free of costs. By consent of both sides, case is adjourned For compliance of order on Exh.39 by both parties and for reply of respondent on Exh.45, 47 and 52 and for hearing on Exh.40 and for further cross of applicant Next Purpose: DV CASES Next Hearing Date: 18-02-2022 Date: 18-02-2022 Business: Ld.MM is on customs duty, hence board is discharged Next Purpose: DV CASES Next Hearing Date: 04-03-2022 Date: 04-03-2022 Business: Applicant present with adv. Respondent present with adv. C.W.No.1 resumed on SA (Exh.22) continued Further cross exam by ld.adv. for respondent Cross over Respondent has not filed his reply on Exh.45,47 and 52 and both sides have not complied with the order of this Court on Exh.39. By consent of both sides, case is adjourned For reply of respondent on Exh.45,47 and 52 and for compliance of order on Exh.39 by both sides and for further evidence of other witnesses of applicant and for hearing on Exh.40 Next Purpose: DV CASES Next Hearing Date: 08-03-2022 Date: 08-03-2022 Business: Applicant present with adv. Respondent present with adv. ADv. for respondent filed affidavit of respondent in relation to the order of this court dated 03/02/22 on Exh.39 (Exh.54). Applicant received copy. Adv. for application requesting for permission to withdraw the vakalatnama filed by them on behalf of applicant. (Exh.55). It is allowed. The applicant is directed to appoint new adv. till next date and by consent of both sides, case is adjourned For steps from applicant and for appointing of new adv. by applicant and for further evidence of other witnesses of applicant Next Purpose: DV CASES Next Hearing Date: 14-03-2022 Date: 14-03-2022 Business: Applicant present. ADv. M.D.Pandey filed VP for applicant.(Exh.56) and also filed reply of applicant to the affidavit filed by respondent dated 08/03/22 (Exh.57). Respondent present with adv. Adv.for applicant is informed that the evidence of applicant is over and they shall take steps either to file evidence of other witnesses of applicant or to file pursis for closing of evidence of applicant on next date. Adv. for applicant orally requested for time to take steps for filing of evidence of other witnesses of applicant, hence on request of adv. for applicant and by consent of adv. for both sides, case is adjourned For evidence of other witnesses of applicant and for hearing on Exh.40 and for reply of respondent on Exh.45,47 and 52 Next Purpose: DV CASES Next Hearing Date: 21-03-2022 Date: 21-03-2022 Business: As ld.mm is on leave, hence board is discharged Next Purpose: DV CASES Next Hearing Date: 31-03-2022 Date: 31-03-2022 Business: Applicant present with adv. Respondent present with adv. Adv.for applicant filed pursis for closing of evidence of applicant (Exh.58). Adv. for respondent filed affidavit of evidence of respondent (Exh.59) with list of documents and certain documents (Exh.60). On request of adv. for respondent and by consent of both sides, case is adjourned For reply of respondent on Exh.45,47 and 52 and for hearing on Exh.40 and for evidence of respondent Next Purpose: DV CASES Next Hearing Date: 06-04-2022 Date: 06-04-2022 Business: Applicant present. Respondent and his Adv. Present. Adv. for applicant absent. Hence, by consent of both the parties, Adj. and kept on next date. Next Purpose: DV CASES Next Hearing Date: 11-04-2022 Date: 11-04-2022 Business: Applicant present with adv. Respondent present with adv. Respondent witness No.1 resumed on SA (Exh.59) continued Further exam in chief by adv. Ms.Uma Pandit for respondent Exh.61 - Copy of complaint Exh.62 - order of issuance of process Exh.63 - Report u/s. 202 Cr.PC Exh.64 - Copy of statement of respondent recorded by police Exh.65 - Copy of statement of son of respondent Exh.66 - Copy of statement of applicant Exh.67 - Copy of wages complaint lodged by respondent Exh.68 - pendrive alongwith transcript Exh.69 - Documents of hotel Exh.70 - Copy of divorce petition Exh.71 - Copy of written statement of manoj tyagi Exh.72 - Copy of complaint lodged by friend of respondent Exh.73 - Copy of complaint lodged by son of respondent Exh.74 - Copy of print of email Exh.75 - Copy of notices Exh.76 - Copy of email Exh.77 - Copy of email Exh.78 - Copy of email Exh.79 - Copy of email Exh.80 - Copy of letter issued to applicant Cross exam by ld.adv. M.D.Pandey for applicant As the other litigants are waiting for their turn, hence further cross exam is deferred till next date Adv.for applicant filed application requesting for issue of distress warrant against respondent (Exh.81). It is kept for say of respondent For say of respondent on Exh.81 and for reply of respondent on Exh.45,47 and 52 and for hearing on Exh.40 and for further cross of respondent Next Purpose: DV CASES Next Hearing Date: 12-04-2022 Date: 12-04-2022 Business: Applicant present with adv Respondent present with adv. Respondent witness no.1 resumed on SA (Exh.59) continued Further cross exam by adv. for applicant As the other litigants are waiting for their turn, hence further cross exam is deferred till next date By consent of both sides, case is adjourned For say of respondent on Exh.45, 47, 52, 81 and for hearing on Exh.40 and for further cross exam of respondent Next Purpose: DV CASES Next Hearing Date: 19-04-2022 Date: 19-04-2022 Business: Applicant present with adv. Respondent present with adv. Respondent witness no.1 resumed on SA Further cross exam by adv. for applicant Cross over No re exam Adv. for respondent filed pursis for closing evidence of respondent (Exh.82) By consent of both sides, case is adjourned For reply of respondent on Exh.45,47,52 and 81 and for final arguments Next Purpose: DV CASES Next Hearing Date: 25-04-2022 Date: 25-04-2022 Business: Applicant present with adv. Respondent present with adv. Adv. for applicant filed written notes of final arguments of applicant (Exh.83). Other side received copy. Adv for respondent filed application requesting for issue of distress warrant against respondent (Exh.84). It is kept for say of respondent. Other side received copy Case is kept back for some time on request of adv. for respondent as they want to file written notes of final arguments. Later on by consent of both sides, case is adjourned For filing of written notes of arguments of respondent and for reply of respondent on Exh.45, 47, 52, 81 and 84 Next Purpose: DV CASES Next Hearing Date: 27-04-2022 Date: 27-04-2022 Business: Applicant present with adv. Respondent present with adv. Adv. for applicant filed additional written notes of final arguments of applicant (Exh.85). Adv. for respondent filed written notes of final arguments of respondent (Exh.86). Adv. for respondent filed reply of respondent on the application of applicant for distress warrant (Exh.87). Other side received copy. Adv. for respondent filed one pursis along with affidavit of assets and liabilities of respondent (Exh.88) and (Exh.89). Other side received copy By consent of both sides, case is adjourned For Judgment Next Purpose: FOR JUDGMENT Next Hearing Date: 11-05-2022 Date: 11-05-2022 Business: Applicant present with adv. Respondent present with adv. As the court is busy in hearing arguments in case no. 121/dv/15 and 294/dv/21, hence case is adjourned For Judgment Next Purpose: FOR JUDGMENT Next Hearing Date: 31-05-2022 Date: 31-05-2022 Business: Applicant present. Her adv. absent Respondent present. His adv. absent Judgment pronounced in open court. Order passed separately (Exh.90). As per order passed, the application filed by applicant is rejected. The respondent is directed to pay all the arrears of maintenance to applicant within 2 months, otherwise warrant came to be issued against respondent. As applicant and respondent are residing in same house since decades, therefore, this court hope and trust respondent that he will maintain the applicant as his wife and will take care of all her needs. Copy of this judgment be given to both sides free of costs. Nature Of Disposal: JUDGMENT Disposal Date: 31-05-2022
Additional Case Details
Additional Case Details
Filing Number: 7382/2018 Filing Date: 11-06-2018 First Hearing Date: 09th July 2018 Decision Date: 31st May 2022 Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court
Orders
0No order text is available in this record.
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
