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Domestic Violence

SAMINA SIRAJ SHAIKH @ SAMINA SAFFIULLA SHAIKHVsSIRAJ SHADUL SHAIKH +2 more

CNR MHMM19007519201810-Judicial Magistrate (First Class), 10th Court
CASE DISPOSED
Uncontested--WITHDRAWN
Decision Date: 01st November 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
215/2018
Registration Date
27 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 12

    Case History / Proceedings

    Case History
    Date: 20-08-2018
    Business: As Ld. MM is on jail court duty
    Hence case is adjourned
    Next Purpose: DV CASES
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Business: Applicant present.
    All respondent present
    Exh-2 Vakalatnama filed by Advocate for the Applicant
    Exh-3 Vakalatnama filed by Advocate for the Respondent
    Next Purpose: DV CASES
    Next Hearing Date: 12-11-2018
    
    Date: 12-11-2018
    Business: Applicant present with adv.
    Respondents present with adv.
    Reply not filed by respondents on interim application of applicant
    Adv. for applicant filed application for no written statement/no say order (Exh.4).   It is kept for say of respondent.    Other side filed their reply on it.  It is kept pending and last chance is granted to respondent to file reply
    Adv. for respondent filed application for adjournment (Exh.5).   Adv. for applicant filed their say on it.   adjournment is granted as a last chance
    On request of adv. for respondent, case is adjourned
    For reply of respondent on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: Applicant present with adv.
    Respondent present with adv.
    Adv. for respondent filed their reply to the interim application filed by applicant (Exh.6)
    Case is adjournment for hearing on interim application
    For hearing on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 21-12-2018
    
    Date: 21-12-2018
    Business: As Ld. MM is on leave, hence case is adjourned
    For hearing
    Next Purpose: DV CASES
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Business: As Ld. MM is on custom duty, hence case is adjourned
    For hearing
    Next Purpose: DV CASES
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Applicant present.   Adv. for applicant absent.
    Respondent present with adv.
    Due to the absence of adv. for applicant, case is kept back for half hour.
    Later on Adv. for applicant present and filed written arguments of applicant on interim application (Exh.7).   Other side received copy
    By consent of both sides, case is adjourned
    For filing of written arguments of respondent on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: Both parties present with their adv.
    Arguments heard from both sides on interim application
    By consent of both sides, case is adjourned
    For interim order
    Next Purpose: DV CASES
    Next Hearing Date: 26-03-2019
    
    Date: 26-03-2019
    Business: Applicant present with adv.
    Respondent present.   Adv. for respondent present
    Interim order passed separately below Exh.C-1 and application is partly allowed
    Respondent no.1 is directed to pay Rs.5000/- per month to applicant and her daughter as interim maintenance since filing of application.
    Respondents are directed not to commit any domestic violence as alleged by applicant
    Rest of reliefs of 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: 18-06-2019
    
    Date: 18-06-2019
    Business: Applicant present with adv.
    Respondent and his adv. absent
    As Ld. MM is on customs duty, hence case is adjourned
    For evidence
    Next Purpose: DV CASES
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Applicant present with advocate
    Respondent present L d M. M. is on leave. Hence, Board discharged
    Next Purpose: DV CASES
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Applicant present with adv.
    Respondent present with adv.
    Respondent paid Rs.10000/- to applicant today as interim maintenance
    Adv. for applicant filed application requesting for directions to respondent to pay the arrears of interim maintenance (Exh.8).   It is kept for say of respondent
    By consent of both sides, case is adjourned
    For recovery of arrears of interim maintenance and for filing of evidence by applicant
    Next Purpose: DV CASES
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: Applicant present with adv.
    Respondents present with adv.
    Respondent has not paid any interim maintenance to applicant today
    Respondent is directed to pay the interim maintenance to applicant regularly and applicant is directed to file affidavit of evidence
    By consent of both sides, case is adjourned
    For recovery of interim maintenance for filing of affidavit of evidence by applicant
    Next Purpose: DV CASES
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: As Ld. MM is on leave, hence case is adjourned
    For recovery of interim maintenance and for filing of affidavit of evidence by applicant
    Next Purpose: DV CASES
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Applicant present with adv.
    Respondent present with adv.
    Respondent filed application through his adv. stating that he is making part payment of Rs.5000/- to applicant today as interim maintenance and he will pay the remaining arrears till next date.  It is allowed
    Adv. for applicant filed application requesting for issue of distress warrant against respondent.  It is allowed
    Issue distress warrant against respondent for recovery of arrears of interim maintenance
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    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 report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 04-05-2020
    
    Date: 04-05-2020
    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: 09-07-2020
    
    Date: 09-07-2020
    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: 07-10-2020
    
    Date: 07-10-2020
    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: 23-12-2020
    
    Date: 23-12-2020
    Business: As ld.mm is on leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: As ld.MM is on leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    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: 30-06-2021
    
    Date: 30-06-2021
    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, and as ld.mm is on customs duty, the board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Applicant present with adv.
    Respondent present with adv.
    Report of distress warrant is awaited
    Adv. for applicant filed affidavit of assets and liabilities of applicant (Exh.9) and application for submitting certain documents (Exh.10).   It is taken on record.   Other side received copy
    Adv. for applicant filed application requesting for directions to respondent to clear the arrears of interim maintenance (Exh.11).   It is kept for say of respondent.   Other side received copy
    Adv. for respondent also filed affidavit of assets and liabilities of respondent (Exh.12).   other side received copy
    By consent of both sides, case is adjourned
    For report of distress warrant and for reply of respondent on Exh.11
    Next Purpose: DV CASES
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: As ld.MM is on customs duty, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Applicant present with adv.
    Respondent present with adv.
    Respondent paid Rs.10000/- to applicant as interim maintenance today
    Report of distress warrant is awaited
    Reply not filed by respondent on Exh.11
    By consent of both sides, case is adjourned
    For report of distress warrant and for reply of respondent on Exh.11
    Next Purpose: DV CASES
    Next Hearing Date: 27-12-2021
    
    Date: 27-12-2021
    Business: As ld.mm is on leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Applicant absent.    Her adv. present
    Respondent and his adv. absent
    As per SOP issued by Honble High Court and as per order of Honble CMM, Esplanade, Mumbai and due to absence of both sides and on request of adv, for applicant, case is adjourned
    For steps from applicant and for report of distress warrant and for reply of respondent on Exh.11
    Next Purpose: DV CASES
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Applicant present with adv.
    Respondent present with adv.
    Report of distress warrant is awaited
    Reply not filed by respondent on Exh.11
    CAse is kept back for some time on request of both sides.
    later on case is called and respondent and his adv. absent
    Adv. for applicant filed requesting for issue of arrest warrant against respondent (Exh.13).   It is allowed.   Issue arrest warrant against respondent for recovery of arrears of interim maintenance
    Adv. for applicant also filed application requesting for passing of no cross order against respondent (Exh.14).   It is kept for say of respondent.
    For report of distress warrant and arrest warrant and for say of respondent on Exh.14, 11
    Next Purpose: DV CASES
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: As 07/05/2022 is declared as holiday due to lok adalat fixed by Honble High Court today, hence case is adjourned
    Next Purpose: DV CASES
    Next Hearing Date: 27-05-2022
    
    Date: 27-05-2022
    Business: As ld.mm is on concession leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Applicant present with adv.
    Respondent is brought before the court by Sakinaka police on execution of arrest warrant and he is taken into custody (Exh.15).     Adv. for respondent present and filed application requesting for permission to deposit certain amount and for release of respondent (Exh.16).  It is kept for say of applicant.   Other side filed their say on the said application.    Order passed on the said application and respondent is directed to deposit the amount of Rs.20000/- today and to file undertaking stating that he will clear the entire arrears earlier.     Adv. for respondent filed undertaking stating that respondent is paying the amount of Rs.20000/- today and he will clear the entire arrears of interim maintenance till the month of october (Exh.17).     Respondent paid the amount of Rs.20000/- to applicant today.     Order passed separately and respondent is sentenced to jail to suffer the imprisonment for default arrears of interim maintenance of Rs.170000/- and he is sentenced to suffer imprisonment for one month for each default of 10 months and jail authority is informed to release the respondent from jail earlier on his full payment of the entire arrears of interim maintenance of Rs.170000/-
    Case is adjourned
    For recovery of arrears of interim maintenance from respondent
    No steps taken by applicant to proceed with the matter
    Due to absence of both sides and their adv, case is adjourned
    For steps from applicant
    Next Purpose: DV CASES
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: As ld.mm is on maternity leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: As ld.mm is on maternity leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Ld. M.M. on maternity leave, hence board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: As Ld. M. M. is on Maternity Leave. Board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Ld MM is on leave charge with Ld MM Rly Court, Andheri, Mumbai. Hence board discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Ld MM is on leave charge with Ld MM Railway Court. Hence  board discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: both parties and their advocates are present. case is  referred to  mediation before Metropolitan Magistrate 65th court. andheri, mumbai.
    Next Purpose: MEDIATION
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: both parties and their ld  advocates  are  present. Exh 18 application for  clarification of order dated 08-07-2022 and date of release  of the respondent  no. 1  from Taloja Jail.  Exh 19 Vakalatnama  of Respondent No.1  filed . Exh 20 application for issue  of fresh  distress warrant  against  the respondent no. 1. it is kept for other side to say.   Exh 21 application for keeping  on records  Dahej  articles. case is for mediation.
    Next Purpose: MEDIATION
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: both  parties  and their ld advocates are present.  case is for mediation.
    Next Purpose: MEDIATION
    Next Hearing Date: 08-09-2023
    
    Date: 08-09-2023
    Business: Ld MM is on leave charge with ld MM Rly court. Hence board discharged.
    Next Purpose: MEDIATION
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: both  parties and their ld advocates are present.  by  consent of  both parties advocate case is adjourned.
    Next Purpose: MEDIATION
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: BOTH PARTIES PRESENT FOR MEDIATION
    Next Purpose: MEDIATION
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: both parties and their ld advocates are  present.  Order below Exh 08  the applicatn does not  want to  proceed with the matter . Hence  by way of this application she prayed to withdraw  the matter . Hence  permission is granted.  order below Exh 01 In view of  withdraw  application  at Exh 08 and pursis at  Exh 09  is disposed of. Proceeding  is closed.
    Nature Of Disposal: WITHDRAWN
    Disposal Date: 01-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 9294/2018
    Filing Date: 27-07-2018
    First Hearing Date: 20th August 2018
    Decision Date: 01st November 2023
    Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court

    Orders

    1
    Final Order 1
    01 Nov 2023
    Order Details: Order below Ex-1
    Pdf Text: IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
    10TH COURT, ANDHERI, MUMBAI
    C. C. NO. 215 /DV / 2018
    ORDER BELOW EXH - 8
    Applicant and Respondents alongwith their learned
    advocates are present before the Court. The matter is amicably
    settled between the parties as per consent terms filed before the
    Hon’ble Bombay High Court. The applicant does not want to
    proceed with the matter. Hence, by way of this application she
    prayed to withdraw the matter. Hence, permission is granted.
    Sd/-
    Dt. 01/11/2023 (R. M. Shaikh)
    Metropolitan Magistrate,
    10th Court, Andheri, Mumbai.
    -- 1 of 2 --
    IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
    10TH COURT, ANDHERI, MUMBAI
    C. C. NO. 215 /DV /2007
    ORDER BELOW EXH -1
    In view of withdraw application at Exh.8 and pursis at
    Exh.9 matter is disposed of. Proceeding is closed.
    Sd/-
    Dt. 01/11/2023 (R. M. Shaikh)
    Metropolitan Magistrate,
    10th Court, Andheri, Mumbai.
    -- 2 of 2 --

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