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Domestic Violence

MRS RUBINA ZAHEER SAMNAHI @ ZAHEER KHANVsMR ZAHEER ZEENAT SAMNANI@ ZAHEER KHAN +3 more

CNR MHMM19010406201810-Judicial Magistrate (First Class), 10th Court
CASE DISPOSED
Uncontested--WITHDRAWN
Decision Date: 27th February 2024

TrustJury record updated 25 Sept 2026

Case Overview

Registration Number
297/2018
Registration Date
08 Oct 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 14-11-2018
    Business: Applicant present with adv.  P.A.Shetty
    Respondent absent.
    Report of protection officer regarding service of notice to respondent is received (Exh.4) and (Exh.5)
    Adv. Faraz jamil filed VP for respondent in morning sessions and filed application for permission to file written statement (Exh.6) and filed written statements of respondent in reply to the interim application of applicant (Exh.7)
    Adv. for applicant received copy of written statements of respondents
    and filed application for exparte order against respondent no.2 to 4 (Exh.8).  order passed on it and matter is ordered tobe proceeded against respondent no.2 to 4 as exparte
    For hearing on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: Applicant present with adv.
    Respondent no.1 absent.   Adv. for respondent no.1 absent
    Respondent no.2 to 4 absent
    Adv. S.M. Ali filed VP for respondent no.2 to 4 (Exh.9)
    Adv. for respondent no.2 to 4 filed reply of respondent no.2 to 4 to the interim application filed by applicant (Exh.10).   Other side received copy of Exh.10
    Case is adjourned
    For hearing on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 18-01-2019
    
    Date: 18-01-2019
    Business: Ld M M is on custom duty. Hence board discharged
    Next Purpose: DV CASES
    Next Hearing Date: 22-02-2019
    
    Date: 22-02-2019
    Business: Applicant present with adv. P.A.Shetty
    Respondents are absent
    Respondent no.1 has not filed reply on interim application
    Arguments heard from adv. for applicant on interim application and adv. for applicant is informed that on next date on failure of respondent no.1 to file reply on interim application, order will be passed
    Case is adjourned
    For interim order
    Next Purpose: DV CASES
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Applicant present with adv.
    Respondent absent.  Adv. for respondent present
    As Ld. MM is on customs Duty,  hence case is adjourned
    For Interim order
    Next Purpose: DV CASES
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Applicant present with adv.
    Respondent absent.   Adv. for respondent present
    Arguments heard from adv. for respondent on interim application
    By consent of both sides case is adjourned
    For order on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 06-05-2019
    
    Date: 06-05-2019
    Business: Applicant present with adv.
    Respondent absent.   Adv. Deepika ved filed VP for respondents.
    Case is fixed for order on interim application today
    On request of adv. for respondent case is adjourned
    For order on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 15-05-2019
    
    Date: 15-05-2019
    Business: Applicant present with adv.
    Respondent absent.   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
    The 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: 05-07-2019
    
    Date: 05-07-2019
    Business: Applicant present with adv. Shetty
    Respondent absent.  Adv. Deepika Ved present for respondent and filed application requesting for adjournment
    It is allowed
    By consent of both sides, case is adjourned
    For evidence
    Next Purpose: DV CASES
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: Applicant present with adv. Shetty
    Respondent absent.   Adv. Deepika Ved present for respondent
    Respondent has not paid any interim maintenance to applicant today, hence adv. for applicant filed application requesting for issue of distress warrant against respondent (Exh.11).   It is allowed
    Issue distress warrant against respondent
    Adv. for respondent filed application requesting for adjournment and exemption of respondent (Exh.12).    Application is rejected as already distress warrant is issued against respondent
    By consent of both sides, case is adjourned
    For report of distress warrant and for evidence
    Next Purpose: DV CASES
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Case is taken on todays board in view of application filed by adv. for respondent for matter to be taken on todays board.
    Adv. for respondent filed application requesting for cancellation of warrant against respondent.   It is kept for say of applicant
    Issue notice to applicant for filing say
    For say of applicant on application for cancellation of warrant
    Next Purpose: DV CASES
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Applicant present with adv. Shetty
    Respondent present with adv. Deepika Ved
    Respondent paid Rs.10000/- to applicant today as interim maintenance
    On request of both sides case is referred for mediation
    For report of mediation and for say of applicant on application of respondent for cancellation of warrant
    Next Purpose: DV CASES
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Applicant present with adv.
    Respondent absent.    Adv. for respondent present and paid Rs.5000/- today to applicant on behalf of respondent as interim maintenance
    Report of mediation is received from Raiilway Mobile Cout (Exh.13) and as per report, matter is not settled in mediation
    Adv. for applicant filed application requesting for issue of distress warrant against respondent (Exh.14).    It is kept pending till  next date
    By consent of both sides case is adjourned
    For say of applicant of application for cancellation of warrant filed by respondent
    Next Purpose: DV CASES
    Next Hearing Date: 24-12-2019
    
    Date: 24-12-2019
    Business: As Ld. MM is on customs duty, hence case is adjourned
    For say of applicant on cancellation of arrest warrant against respondent
    Next Purpose: DV CASES
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Applicant present with adv.
    Respondent present with adv.
    Adv. Neha Mirajkar filed VP for respondent
    Say not filed by applicant on the application of respondent for cancellation of warrant.   Adv. for both sides stated that the efforts are going on between both sides for settlement.
    By consent of both sides case is adjourned and longer date is given
    For say of applicant on application of respondent for cancellation of warrant
    Next Purpose: DV CASES
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    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: 19-09-2020
    
    Date: 19-09-2020
    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: 08-12-2020
    
    Date: 08-12-2020
    
    Date: 01-03-2021
    Business: Applicant absent.   Her adv. present
    Respondent and his adv. absent
    No steps taken by applicant to proceed with the matter
    Adv. for applicant stated that the efforts are going on for settlement between both sides and orally requested for adjournment, hence on request of adv. for applicant, case is adjourned
    For settlement or for further steps from applicant
    Next Purpose: DV CASES
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    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: 25-06-2021
    
    Date: 25-06-2021
    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: 18-08-2021
    
    Date: 18-08-2021
    Business: Applicant absent.    Adv. P.A.Shetty present for applicant
    Respondent and his adv. absent
    No steps taken by applicant to proceed with the matter
    Due to absence of both sides and on request of adv. for applicant, case is adjourned
    For steps from applicant and for settlement
    Next Purpose: DV CASES
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Applicant absent.     Adv. for applicant present
    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 settlement
    Next Purpose: DV CASES
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Applicant absent.    Adv. P.A.Shetty present for applicant
    Respondent and his adv. absent
    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 settlement or for further steps from applicant
    Next Purpose: DV CASES
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Applicant absent.    Her adv. absent
    Respondent and his adv. absent
    application for arrest warrant is pending for hearing
    Due to absence of both sides and on request of adv for applicant, case is adjourned
    For steps from applicant and for settlement or for hearing and order on the application for arrest warrant
    Next Purpose: DV CASES
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    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 settlement
    Next Purpose: DV CASES
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    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 absent.      Her adv. present
    Respondent present with adv.
    No steps taken by applicant to proceed with the matter
    Due to absence of applicant and on request of their adv, case is adjourned
    For settlement or for steps from applicant
    Next Purpose: DV CASES
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: As ld.mm is on maternity leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: As Ld. M. M. is on Maternity leave. Hence, board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Ld MM is on leave charge with Ld MM Railway  Court. Hence board discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: applicant absent her advocate present . respondent and their advocate absent.  case is adjourned For steps from applicant and for settlement.
    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: 27-07-2023
    
    Date: 27-07-2023
    Business: applicant  absent advocate for applicant present.  respondent present advocate for respondent present.Exh 15 application to take documents on record  filed by advocate for respondent.
    Next Purpose: DV CASES
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: applicant absent ld advocate for applicant present  respondent and  ld advocate for respondent  respondent present advocate for respondent present.Exh 15 application to take documents on record filed by advocate for respondent.
    Next Purpose: DV CASES
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: Ld. MM is on leave charge with Ld.M M Rly Court hence board discharged
    Next Purpose: DV CASES
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: applicant absent  ld advocate  for applicant  present. respondent  absent ld  advocate for respondent absent.
    Next Purpose: DV CASES
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Ld MM is on leave charge with ld MM rly court. Hence board  discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Applicant  alongwith her  ld advocate  is present . Respondent and  ld advocate 287for    respondent  absent . Order below Exh 17  applicant   alongwith  her ld advocate   is present. By way  of this application  she wants to  withdraw  the matter as she is not  willing to  proceed further  with this case against the respondent .Hence  permission is  granted to withdraw  the case. . Order below Exh 01 In view of withdraw  application at Exh 17 the matter is disposed of . Proceeding  is closed.
    Nature Of Disposal: WITHDRAWN
    Disposal Date: 27-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 12530/2018
    Filing Date: 08-10-2018
    First Hearing Date: 14th November 2018
    Decision Date: 27th February 2024
    Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court

    Orders

    1
    Final Order 1
    27 Feb 2024
    Order Details: Order
    Pdf Text: IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
    10TH COURT, ANDHERI, MUMBAI
    C. C. NO. 297 /DV / 2018
    ORDER BELOW EXH - 17
    Applicant alongwith her learned advocate is present
    before the Court. By way of this application she wants to withdraw
    the matter as she is not willing to proceed further with this case
    against the respondent. Hence, permission is granted to withdraw
    the case.
    Sd/-
    Dt. 27/02/2024 (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. 297/DV/2018
    ORDER BELOW EXH -1
    In view of withdraw application at Exh.17 the matter is
    disposed of. Proceeding is closed.
    Sd/-
    Dt. 27/02/2024 (R. M. Shaikh)
    Metropolitan Magistrate,
    10th Court, Andheri, Mumbai.
    -- 2 of 2 --

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