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Domestic Violence

MANISHA RAHUL MISHRAVsRAHUL SANTOSH MISHRA +2 more

CNR MHMM19010065201810-Judicial Magistrate (First Class), 10th Court
CASE DISPOSED
Uncontested--DISPOSE OFF
Decision Date: 26th July 2024

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
292/2018
Registration Date
04 Oct 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: 02-11-2018
    Business: Applicant present with adv.
    Report of protection officer regarding service of notice to respondents is received (Exh.3).   As per report, respondents have denied to receive the notice
    Adv. for applicant filed application requesting for exparte order against respondent (Exh.4).  It is kept for hearing on next date
    For hearing on application for ex parte order
    Next Purpose: DV CASES
    Next Hearing Date: 29-11-2018
    
    Date: 29-11-2018
    Business: Applicant present with adv.
    Respondent absent
    Report of protection officer regarding service of notice to respondents is awaited
    For report of protection officer
    Next Purpose: DV CASES
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Applicant present with Advocate.
    Exh.C.5 - Applicant filed list of document copy of Protection officer report dtd.17.10.2018.
    O - Granted.
    Exh.C.6 - Applicant filed written arguments for her interim reliefs.
    O - Seen
    Exh.C.7 - Applicant filed list of documents in support of Interim Argument. O - Seen.
    Order passed below Exh.C.4.
    O - In view of report of P.O. respondents denied the accept notice, hence, case be proceed against them as Ex-Parte.
    For order.
    Next Purpose: DV CASES
    Next Hearing Date: 29-12-2018
    
    Date: 29-12-2018
    Business: Applicant present.  Adv. for applicant present.   Case is kept back for some time
    Adv. for applicant absent, hence case is adjourned
    For order
    Next Purpose: DV CASES
    Next Hearing Date: 07-01-2019
    
    Date: 07-01-2019
    Business: Accused not produced from jail
    As Ld. MM is on Leave, hence case is adjourned
    For hearing
    Next Purpose: DV CASES
    Next Hearing Date: 06-02-2019
    
    Date: 06-02-2019
    Business: Applicant present.   Adv. for applicant absent
    Respondent absent.
    Interim order passed separately below Exh.C-1 and application is partly allowed.   Respondents are directed not to commit any domestic violence upon the applicant in the future
    Respondent no.1 is directed to pay Rs.5000/- per month to applicant  as interim maintenance from the date of application.
    The rest of the reliefs asked by the applicant will be decided by trial
    The copy of this order be provided to both sides free of cost
    For evidence
    Next Purpose: DV CASES
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Applicant present.   Adv. for applicant absent.
    Respondent absent.
    As the court is busy in other cases, hence case is adjourned
    For recovery of interim maintenance and for filing of affidavit of evidence
    Next Purpose: DV CASES
    Next Hearing Date: 15-05-2019
    
    Date: 15-05-2019
    Business: Applicant and her adv. absent
    Respondent and his adv. absent
    For filing of affidavit of evidence
    Next Purpose: DV CASES
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Applicant present.   Adv. for applicant absent
    Respondent and his adv. absent
    Due to absence of adv. for applicant, case is adjourned
    For filing of affidavit of evidence
    Next Purpose: DV CASES
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Applicant absent.    Her adv. present
    Respondent and his adv. absent
    On request of adv. for applicant, case is adjourned
    For filing of affidavit of evidence by applicant
    Next Purpose: DV CASES
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Applicant present.   Adv. for applicant absent
    Respondent and his adv. absent
    On request of applicant case is adjourned
    For filing of affidavit of evidence by applicant
    Next Purpose: DV CASES
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Applicant present with adv.
    Respondent absent
    Adv. for applicant filed affidavit in lieu of oral evidence of applicant (Exh.8) along with list of documents and certain documents (Exh.9).   Adv. for applicant provided extra copy of Exh.8 and 9 for other side
    Adv. for applicant filed application for recovery of arrears of interim maintenance (Exh.10).   It is kept for say of other side.    Adv. for applicant filed extra copy of Exh.10 for other side
    Adv. for applicant filed application requesting for correction in the surname of applicant in CIS system.    It is allowed and the office is directed to carry out the relevant correction through CIS system
    For evidence of applicant and for say of respondent on Exh.10
    Next Purpose: DV CASES
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Applicant present with adv.
    Respondent and his adv. absent
    Reply not filed by respondent on Exh.10
    Adv. for applicant filed pursis for closing of evidence of applicant (Exh.11).   As the matter is proceeding against the respondent as exparte
    Hence case is adjourned
    For final arguments from applicant
    Next Purpose: DV CASES
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Applicant present.   Her adv. absent
    Respondent absent
    On request of applicant due to absence of her adv. case is adjourned
    For final arguments  from adv. for applicant
    Next Purpose: DV CASES
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: As Ld.MM is on mediation training, hence case is adjourned
    For final arguments from applicant
    Next Purpose: DV CASES
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Business: As per the directions of Honble High Court and due to the COVID 19 PANDEMIC, the case is adjourned.
    Next Purpose: DV CASES
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    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: 04-08-2020
    
    Date: 04-08-2020
    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: 04-11-2020
    
    Date: 04-11-2020
    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: 27-01-2021
    
    Date: 27-01-2021
    Business: Applicant present with her adv.
    Respondent and his adv. absent
    Adv. for applicant filed written notes of final arguments of applicant today (Exh.12).    She provided extra copy for other side
    Case is adjourned
    For Judgment
    Later on adv. for respondent present and filed application requesting for setting aside exparte order (Exh.13).   It is kept for say of applicant
    Case is adjourned
    For appearance of respondent and for say of applicant on Exh.13
    Next Purpose: DV CASES
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Applicant present.   Her adv. absent
    Respondent absent.   His adv. present
    Say not filed by applicant on Exh.13
    Due to absence of adv. for applicant, case is adjourned
    For reply of applicant on Exh.13
    later on adv. for applicant present in second sessions and she is informed about the next date of hearing and she is also informed to collect the copy of application filed by respondent for setting aside exparte order and to file her reply on the said application on next date
    Case is adjourned
    For reply of applicant on Exh.13
    Next Purpose: DV CASES
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Applicant is present. Adv. for Applicant is present. Respondent absent. Adv. for Respondent is present.  Case is adjourned.
    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: 28-06-2021
    
    Date: 28-06-2021
    Business: Adv. for respondent present
    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: 25-08-2021
    
    Date: 25-08-2021
    Business: Applicant and her Advocate is absent. Respondent is absent. Adv. for Respondent is present. Case is adjourned.
    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: 15-11-2021
    
    Date: 15-11-2021
    Business: Applicant absent.      Adv. Divya Gupta filed VP for applicant.
    Respondent absent.     His adv. present
    Reply not filed by applicant on the application of respondent for setting aside exparte order
    Due to absence of both sides and on request of their adv, case is adjourned
    For reply of applicant on the application of respondent for setting aside exparte order
    Next Purpose: DV CASES
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Applicant and her adv. absent
    Respondent and his adv. absent
    Say not filed by applicant to the application of respondent for setting aside exparte order
    No steps taken by applicant to proceed with the matter
    Due to absence of both sides and their adv, case is adjourned.    Later on adv. for respondent present and they are informed about the next date of hearing
    For steps from applicant and for her say on application of respondent for setting aside exparte order
    Next Purpose: DV CASES
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: As ld.mm is on customs duty hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Applicant is present. Adv. for applicant present. Respondent absent. Adv. for respondent is present. The applicant filed her reply in application for setting aside and order 9 rule of CPC dated 27.01.2021 filed by the respondent no. 1, it is marked as Exhibit - 14.  Further the applicant filed an application for issuance of distress warrant against the respondent No. 1, it is marked as Exhibit - 15, wherein order is passed calling say of the respondent. Copy of both the applications are received by the Adv. for respondent. Case is adjourned for order.
    Next Purpose: DV CASES
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Applicant present with adv.
    Respondent absent.   His adv. present
    Say has been filed by applicant on the application of respondent for stay of exparte order.     Order passed on Exh.15 and distress warrant is 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: 19-04-2022
    
    Date: 19-04-2022
    Business: Applicant present with adv.
    Respondent present with adv.
    Report of distress warrant is awaited.
    Adv. for respondent filed application requesting for directions to applicant to file affidavit of assets and liabilities (Exh.16).   It is kept for say of applicant.   Other side received copy.      Adv. for respondent filed application requesting for stay of the execution of distress warrant (Exh.17).   It is kept for say of applicant.   Other side received copy.
    Adv. for respondent filed application requesting for directions to applicant for production of certain documents (Exh.18).   It is kept for say of applicant.   Other side received copy.
    By consent of both sides, case is adjourned
    For say of applicant on Exh.16, 17, 18 and for report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 26-05-2022
    
    Date: 26-05-2022
    Business: As ld.mm is on concession leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Applicant present.      Her adv. Absent
    Respondent absent.     His adv. present
    Applicant filed her reply to the application of respondent vide Exh.17 and it is marked as Exh.19.    Applicant also filed her reply to the application of respondent vide Exh.18 and it is marked today as Exh.20.    Other side received copy.    Applicant filed application requesting for issue of arrest warrant against respondent for recovery of arrears of interim maintenance (Exh.21).  It is kept for say of respondent.   Other side received copy.     Applicant also filed application requesting for issue of show cause notice to senior P.I. of Chembur police station for non submission of report of distress warrant. (Exh.22).   It is kept pending for hearing.     Due to absence of adv for applicant, case is adjourned
    For report of distress warrant and for hearing on Exh.17 and 18
    Next Purpose: DV CASES
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Ld. M.M. is on maternity leave, hence board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: Board discharged as ld m m on maternity leave
    Next Purpose: DV CASES
    Next Hearing Date: 27-12-2022
    
    Date: 27-12-2022
    Business: Ld. M. M. is on Maternity Leave. Hence, Board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: Ld MM is on leave charge with Ld MM Railway  Court. Hence board discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Ld MM is on leave charge with Ld MM Rly Court, Andheri, Mumbai. Hence board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 02-06-2023
    
    Date: 02-06-2023
    Business: Applicant absent. Adv. for applicant absent. Respondent is present with his Advocate.
    Respondent No. 1 filed an application seeking permission to file some documents, it is marked as Exhibiti - 23 and the list of documents is marked as Exhibit - 24. Case is adjourned.
    Next Purpose: DV CASES
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: both parties and their advocates are present.
    Next Purpose: DV CASES
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: applicant and advocate for applicant absent. respondent absent advocate for respondent present .
    Next Purpose: DV CASES
    Next Hearing Date: 23-10-2023
    
    Date: 23-10-2023
    Business: applicant absent advocate for applicant absent . respondent  present  advocate for respondent present . Exh 25 application     for dismissal  of the application  it is  kept for other  side  to say.     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: 30-11-2023
    
    Date: 30-11-2023
    Business: both parties and their ld advocates are absent . issue notice to both parties. case is kept on loknayalaya .
    Next Purpose: For Steps
    Next Hearing Date: 09-12-2023
    
    Date: 09-12-2023
    Business: case is not settled in lokadalat.
    Next Purpose: For Steps
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: applicant and ld  advocate for applicant absent. respondent absent ld  advocate for respondent  present.  Exh 25 application for  dismissal of application . it is  kept for other side to say.  order  say not filed  oer passed  below  Exh 01.
    Next Purpose: For Steps
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: Ld MM is on leave charge with ld MM Rly court. Hence board discharged.
    Next Purpose: For Steps
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: Respondent and ld advocate for respondent present.
    Order below Exh 01. 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  dismissed off due to  absence  of  applicant and for want of steps. proceeding closed.
    Nature Of Disposal: DISPOSE OFF
    Disposal Date: 26-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 12357/2018
    Filing Date: 04-10-2018
    First Hearing Date: 02nd November 2018
    Decision Date: 26th July 2024
    Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court

    Orders

    1
    Final Order 1
    26 Jul 2024
    Order Details: Order
    Pdf Text: Appln. No. 292/DV/2018.
    ORDER BELOW EXH- 1.
    Applicant and Ld. Advocate for applicant are absent when
    called out. The respondent along-with his Ld. Advocate is present
    before the Court. The present matter is more than 5 years old. No
    application is on record. It appears that, matter is not attended by
    applicant since long and inspite of giving direction by order dated
    23/10/2023 no effective steps are taken by applicant which shows
    that, applicant is not interested in proceeding with the present case.
    The Ld. Advocate on behalf of accused has filed dismissal of
    complaint application at Exh.25 as the complainant is absent. Hence,
    matter is dismissed due to absence of applicant and for want of steps.
    Proceeding closed.
    Sd/-
    Dt. 26/07/2024 (R. M. Shaikh)
    Judicial Magistrate (F.C.)
    10th Court, Andheri, Mumbai
    -- 1 of 1 --

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