Domestic Violence
MANISHA RAHUL MISHRAVsRAHUL SANTOSH MISHRA +2 more
CNR MHMM19010065201810-Judicial Magistrate (First Class), 10th Court
Metropolitan Magistrate, Andheri, Mumbai
Mumbai · Maharashtra (MH)
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
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Acts & Sections
1Bombay 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
1Final Order 126 Jul 2024
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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