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Domestic Violence

FARHAT BEGUM ABDUL KARIM AARBOLVsABDUL KARIM AHAMAD RASOOL AARBOL

CNR MHMM19009064201810-Judicial Magistrate (First Class), 10th Court
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 26th September 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
258/2018
Registration Date
04 Sept 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 12-10-2018
    Business: Applicant present
    Exh-2 Report filed by Protection officer.
    Exh-3 Vakalatnama filed by advocate for the respondent.
    Exh-4 Vakalatnama filed by Advocate for the applicant.
    EXh-5 Interim application filed by Advocate for the applicant
    order other side to say.
    Next Purpose: DV CASES
    Next Hearing Date: 31-10-2018
    
    Date: 31-10-2018
    Business: Applicant present with adv.
    Respondent present with adv.
    Respondent filed his reply to the application filed by applicant u/s. 12 of DV Act (Exh.6).
    Applicant filed application for production of copy of NC filed by her against her husband in Goregaon police station (Exh.7).   It is allowed
    Applicant filed application requesting for direction to respondent for production of salary slip (Exh.8).  It is kept for say of respondent.
    For say of respondent on Exh.8
    Next Purpose: DV CASES
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Both parties present with their adv.
    On request of both sides case is referred for mediation
    Applicant filed application requesting for passing of order of interim maintenance (Exh.9)
    Arguments heard from adv. for respondent
    For order
    Next Purpose: DV CASES
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Applicant present with adv.
    Respondent absent.   Adv. for respondent absent.
    Interim order passed separately below Exh.5 and application is partly allowed
    Respondent no.1 is directed to pay Rs.10000/- per month to applicant and her her four children as interim maintenance since filing of application.
    Respondent is directed not to commit any domestic violence as alleged by applicant
    The copy of this order be provided to both sides free of cost
    For evidence
    Next Purpose: DV CASES
    Next Hearing Date: 28-01-2019
    
    Date: 28-01-2019
    Business: Applicant present.   Adv. for applicant absent
    Respondent absent.   Adv. for respondent present
    For reply of respondent on Exh.8
    Next Purpose: DV CASES
    Next Hearing Date: 28-02-2019
    
    Date: 28-02-2019
    Business: Applicant present with adv.
    Respondent absent.   Adv. for respondent present and filed pay slip of respondent as required by applicant.
    Adv. for applicant filed application requesting for issue of distress warrant against respondent (Exh.10).   Order passed on it and distress warrant is ordered to be issued against respondent as he has not paid any interim maintenance to applicant
    Issue distress warrant against respondent no.1
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Applicant present with adv.
    Respondent present with adv.
    Report of distress warrant is awaited.   Adv. for respondent filed application for permission to deposit Rs.15000/- as interim maintenance.  It is allowed
    Adv. for respondent filed application and undertaking stating that the respondent will pay the rest of arrears of maintenance on next date (Exh.11) and filed application requesting for stay of distress warrant.(Exh.12).  Both the applications are kept for say of applicant.   As the respondent has deposited Rs.15000/- today hence distress warrant is stayed till next date
    By consent of both sides, case is adjourned
    For reply of applicant on Exh.11 and 12 and for report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Applicant and her adv. absent
    Respondent absent.   Adv. for respondent present
    Report of distress warrant is awaited
    For report of distress warrant and for reply of applicant on Exh.11 and 12
    Next Purpose: DV CASES
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Applicant present with adv.
    Respondent absent.   Adv. for respondent present
    Distress warrant against respondent was stayed on last date on condition to clear the arrears of interim maintenance.    But today respondent is absent and he has not paid any interim maintenance to applicant today
    Adv. for applicant filed application requesting for issue of arrest warrant against respondent (Exh.13).   Order passed on it and distress warrant is ordered to be issued against respondent
    Issue distress warrant against respondent for recovery of arrears of interim maintenance
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Applicant present with adv.
    Respondent present with adv.
    Report of distress warrant is awaited
    Adv for applicant filed application requesting for issue of show cause notice to concerned police station for non submission of report of distress warrant.   It is allowed
    Issue show cause notice to senior P.I. of concerned police station
    Adv. for applicant filed application requesting for issue of arrest warrant against respondent (Exh.14).   It is kept pending till next date
    Adv. for respondent filed application requesting for permission to deposit the arrears of interim maintenance through money transfer.   It is kept for say of applicant (Exh.15).
    By consent of both sides, case is adjourned
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Applicant present with adv.
    Respondent present with adv.
    Adv. for respondent filed application requesting for directions to applicant to proceed with the evidence (Exh.16) .    It is kept for say of applicant
    Adv. for respondent filed application requesting for depositing the amount of interim maintenance through money transfer (Exh.17).   It is kept for say of applicant
    Adv. for respondent filed application u/s. 91 Cr.PC requesting for issue of summons to applicant for production of documents (Exh.18).   It is kept for say of applicant
    By consent of both sides case is adjourned
    For report of distress warrant and for say of applicant on Exh.16,17 and 18
    Next Purpose: DV CASES
    Next Hearing Date: 26-12-2019
    
    Date: 26-12-2019
    Business: As Ld.MM is on leave, hence case is adjourned
    For report of distress warrant and for reply of applicant on Exh.16,17 and 18
    Next Purpose: DV CASES
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Applicant and her adv. absent
    Respondent absent.    Adv. for respondent present
    Report of distress warrant is received (Exh.19) and as per report, warrant not executed against respondents
    Due to absence of applicant and her adv., case is adjourned
    For steps from applicant and for reply of applicant on Exh.16,17 and 18 and for recovery of interim maintenance
    Next Purpose: DV CASES
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    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: 19-05-2020
    
    Date: 19-05-2020
    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: 21-07-2020
    
    Date: 21-07-2020
    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: 05-11-2020
    
    Date: 05-11-2020
    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: 21-01-2021
    
    Date: 21-01-2021
    Business: Due to pandemic situation arising out of covid 19, parties not appeared before the court today for further proceeding, hence case is adjourned
    For steps from applicant and for her reply on Exh.16,17 and 18 and for recovery of arrears of interim maintenance
    Next Purpose: DV CASES
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Ld. M.M. on leave.
    Both parties and their respective advocates are absent.
    Next Purpose: DV CASES
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    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: 22-06-2021
    
    Date: 22-06-2021
    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, the board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Applicant and her adv. absent
    Respondent and his adv. absent
    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 and for recovery of arrears of interim maintenance and for reply of applicant on Exh.16,17 and 18
    Next Purpose: DV CASES
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Applicant and her adv. absent
    Respondent and his adv. absent
    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 and for recovery of arrears of interim maintenance from respondent and for reply of applicant on Exh.16,17 and 18
    Next Purpose: DV CASES
    Next Hearing Date: 24-12-2021
    
    Date: 24-12-2021
    Business: Both parties and their respective advocates are absent. Hence, case is adjourned.
    Next Purpose: DV CASES
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: As ld.mm is on leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Applicant and her adv. absent
    Respondent and his adv. absent
    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 and for reply of applicant on Exh.16,17 and 18
    Next Purpose: DV CASES
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: as ld.mm is on leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Applicant and her adv. Absent
    Respondent and his adv. Absent
    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: 17-09-2022
    
    Date: 17-09-2022
    Business: As ld.mm is on maternity leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: As Ld. M. M. is on Maternity leaave. Board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 12-05-2023
    
    Date: 12-05-2023
    Business: As Ld. M. M. is on concessional leave. Board is discharged. Charge with M. M. ARM.
    Next Purpose: DV CASES
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Ld MM is on  leave charge with ld MM  Rly court. Hence board discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: both  parties and their advocate are absent. order below  Exh 01 Applicant and ld advocate for applicant  are absent when called out. Matter is old and needs expedite  disposal. Hence, applicant  is directed to take necessary steps  for the  progress  of the matter. On failure further orders will be passed.
    Next Purpose: For Steps
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: applicant  and ld advocate  for applicant  are absent  when called out  No application is on record. it appears that matter is not attended  by applicant since long and no effective steps are taken by  applicant  which shows  that applicant is not interested in proceeding  with the  present  case. Hence present case is  disposed off. proceeding closed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 26-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 11105/2018
    Filing Date: 04-09-2018
    First Hearing Date: 12th October 2018
    Decision Date: 26th September 2023
    Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court

    Orders

    1
    Final Order 1
    26 Sept 2023
    Order Details: Order below Ex-1
    Pdf Text: C. C. No. 258/DV/2018
    ORDER BELOW EXH- 1.
    Applicant and Ld. Advocate for Applicant are absent
    when called out. No application is on record. It appears that, matter
    is not attended by the applicant since long and inspite of giving
    direction by order dated 09/08/2023, no effective steps are taken by
    applicant which shows that, applicant is not interested in proceeding
    with the present case. Hence, matter is disposed/dismissed due to
    absence of applicant and for want of steps.
    Proceeding closed.
    Dt. 26/09/2023 (R. M. Shaikh)
    Metropolitan Magistrate,
    10th Court, Andheri, Mumbai
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