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Domestic Violence

YASMEEN ABDUL SHAIKHVsABDUL KASHIM SHAIKH +3 more

CNR MHMM19011470201810-Judicial Magistrate (First Class), 10th Court
CASE DISPOSED
Uncontested--DISPOSE OFF
Decision Date: 20th September 2023

TrustJury record updated 26 Sept 2026

Case Overview

Registration Number
321/2018
Registration Date
30 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: 28-11-2018
    Business: Applicant present with adv.
    Respondent absent
    Report of protection officer regarding service of notice to respondent is awaited hence case is adjourned on request of adv. for applicant
    For report of protection officer
    Next Purpose: DV CASES
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Applicant present with adv.
    Respondent absent.
    Adv. Archana Singh present for respondent
    Report of protection officer regarding service of notice to respondent is received (Exh.6)
    Adv. for respondent orally requested for time for filing of reply of respondent on interim application
    By consent of both sides case is adjourned
    For appearance of respondent and for reply of respondent on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Applicant present with adv.
    Respondent no.1 present.   Adv. Archana Singh filed VP for respondents (Exh.7) and filed memo of appearance stating that respondent no.2 to 4 seeks time for appearance before the court. (Exh.8)
    For reply of respondent on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Applicant present with adv.
    Respondent absent though served with notice
    Adv. for applicant filed application for interim relief u/s. 23 of DV Act (Exh.9)
    It is kept for say of respondent
    For appearance of respondent and for their reply on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Applicant present with adv.
    Respondent present with adv.
    Adv. for respondent filed application for adjournment.   Other side filed their say on it.
    Adjournment is granted subject to cost of Rs.5000/- to applicant
    Cost not paid by respondent
    For payment of cost of adjournment and for reply of respondent on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 13-05-2019
    
    Date: 13-05-2019
    Business: Applicant and her adv. absent
    Respondent present with adv.
    Adv. for respondent filed reply of respondent no.1 to the interim application of applicant (Exh.10) alongwith one additional copy of adv. for applicant.
    Adjournment cost of Rs.5000/- is not paid by respondent to applicant
    For payment of adjournment cost of Rs.5000/- by respondent to applicant and for hearing on interim application
    Later on applicant present with adv. and received copy of reply of respondent on interim application (Exh.10)
    For arguments on interim application and for payment of cost of adjournment of Rs.5000/- by respondent to applicant
    Next Purpose: DV CASES
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Applicant present with adv.
    Respondent absent.   Adv. archana singh present for respondent
    Adv. for respondent orally requested for time for payment of adjournment cost and for arguments on interim application as respondent is absent today.
    Hence by consent of both sides case is adjourned
    For payment of adjournment cost by respondent to applicant and for arguments on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Both parties present with their adv.
    Adjournment cost of Rs.5000/- not paid by respondent to applicant till today
    Adv. for respondent filed pursis stating that the respondent will pay the cost of adjournment on next date
    On request of both sides, case is adjourned
    For payment of adjournment cost and for arguments on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Applicant present with adv.
    Respondent present with adv.
    Respondent paid the adjournment cost to applicant today which was remained to be paid by him on last date
    Arguments heard from both sides on interim application
    Case is referred for mediation by the consent of both sides and case is adjourned
    For order on interim application
    Next Purpose: DV CASES
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Applicant advocate present
    Respondent present with advocate
    case is  for mediation or interium order
    Next Purpose: DV CASES
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Applicant present with adv.
    Respondent present with adv.
    Report of mediation is received (Exh.11) and as per report, case is not settled in mediation
    Interim order passed separately below Exh.4 and application is partly allowed
    Respondent no.1 is directed to pay Rs.5000/- per month to applicant and her minor child as interim maintenance since filing of the main application.
    Respondents are directed not to commit any domestic violence as alleged by applicant
    The rest of the reliefs of applicants are kept open for the trial
    The copy of this order be provided to the applicant free of cost
    For filing of evidence by the applicant
    Next Purpose: DV CASES
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Business: Applicant present with adv.
    Respondent and his adv. absent
    Respondent has not paid interim maintenance to applicant
    Adv. for applicant filed application requesting for issue of distress warrant against respondent (Exh.12).   It is allowed
    Issue distress warrant against respondent
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Applicant present with adv.
    Respondent absent.   Adv. for respondent present and filed application for adjournment
    Report of distress warrant against is awaited
    Adjournment is granted
    By consent of both sides case is adjourned
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Applicant present with adv.
    Respondent absent.   Adv. Archana Singh present for respondent
    Report of distress warrant is awaited
    Adv. for applicant filed application requesting for issue of arrest warrant against accused. (Exh.13).  It is kept pending till next date as report of distress warrant is awaited
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Applicant present.    Adv. for applicant absent
    Respondent absent.   Adv. Anuja Wayekar filed VP for respondent
    Report of distress warrant is awaited
    Due to absence of adv. for applicant and on request of applicant, case is adjourned
    For report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    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: 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: 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: 22-01-2021
    
    Date: 22-01-2021
    Business: As ld.mm is on customs duty, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Both the parties are absent. Their Advocates are absent. Case is adjourned.
    Next Purpose: DV CASES
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    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: 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: 21-08-2021
    
    Date: 21-08-2021
    Business: Applicant and her adv. absent
    Respondent and his adv. absent
    No steps taken by applicant to proceed with the matter
    Report of distress warrant is awaited
    Due to absence of both sides and their adv., case is adjourned
    For steps from applicant and for report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    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 report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: Applicant and her adv. absent
    Respondent and his adv. absent
    As per SOP issued by Honble High Court and as per order of Honble CMM, Esplanade, Mumbai and as there is no urgency in the matter, hence board is discharged
    For steps from applicant and for report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Applicant and her adv. absent
    Respondent present with adv.
    Report of distress warrant is awaited
    No steps taken by applicant to proceed with the matter
    Due to absence of applicant and their adv, case is adjourned
    For steps from applicant and for report of distress warrant
    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: 07-07-2022
    
    Date: 07-07-2022
    Business: Applicant and her adv. Absent
    Respondent present.    Adv. Prathama Gavde filed VP for respondent
    No steps taken by applicant to proceed with the matter
    Due to absence of applicant and their adv, case is adjourned
    For steps from applicant and for report of distress warrant
    Next Purpose: DV CASES
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: As ld.mm is on maternity leave, hence board is discharged
    Next Purpose: DV CASES
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: As ld.mm is on maternity leave, hence board is discharged. Charge with Railway Mobile Court.
    Next Purpose: DV CASES
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: As Ld. M. M. is on Maternity leave. Hence, Board is discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Ld MM is on  leave on IInd session   charge with Ld  MM  44th court.  Hence board  discharged.
    Next Purpose: DV CASES
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: both parties and their advocates are absent. applicant is not taken any steps to proceed with matter. case is kept for steps.
    Next Purpose: DV CASES
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: both  parties and their advocate are absent. order below  Exh 01 Applicant/ complainant  and ld advocate for applicant / complainant  are absent when called out. Matter is old and needs expedite  disposal. Hence, applicant /complainant  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: 20-09-2023
    
    Date: 20-09-2023
    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: DISPOSE OFF
    Disposal Date: 20-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 813486/2018
    Filing Date: 30-10-2018
    First Hearing Date: 28th November 2018
    Decision Date: 20th September 2023
    Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court

    Orders

    1
    Final Order 1
    20 Sept 2023
    Order Details: Order below Ex-1
    Pdf Text: Appln. No. 321/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 applicant since long and inspite of giving direction by
    order dated 21/06/2023 no effective steps are taken by applicant
    which shows that, applicant is not interested in proceeding with the
    present case. Hence, matter is dismissed due to absence of applicant
    and for want of steps.
    Proceeding closed.
    Dt. 20/09/2023 (R. M. Shaikh)
    Metropolitan Magistrate,
    10th Court, Andheri, Mumbai
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