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Domestic Violence

SHAMIM GAUS KHANVsGAUS GULAM JAN KHAN +4 more

CNR MHMM19012099201810-Judicial Magistrate (First Class), 10th Court
CASE DISPOSED
Uncontested--WITHDRAWN
Decision Date: 22nd December 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
1000337/2018
Registration Date
17 Nov 2018

Advocates

0

No advocate information is available in this record.

Parties

6

Acts & Sections

1
CHILD LABOUR (PROHIBITION AND REGULATION) ACT · Sec 12181920

Case History / Proceedings

Case History
Date: 17-12-2018
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: 22-01-2019

Date: 22-01-2019
Business: Applicant present with adv.
Report of protection officer regarding service of notice to respondent is received (Exh.5) and (Exh.6) and respondents are duly served with notice
Respondent present
Adv. sheetal Shukla filed VP for respondent no.1,2 and 3 (Exh.7)
Adv. F.M. Chawla filed VP for respondent no.4 and 5 (Exh.8)
Adv. for respondents orally requested for time to file reply of all respondents on interim application, hence case is adjourned
For reply of all respondents on interim application
Next Purpose: DV CASES
Next Hearing Date: 20-02-2019

Date: 20-02-2019
Business: Applicant present with adv.
Respondent no.1 absent
Report of protection officer is awaited
For report of protection officer
Next Purpose: DV CASES
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Applicant present with adv.
Respondent absent.  Adv. for respondent absent
Adv. for applicant filed application requesting for passing of no say order against respondent as respondent has failed to file his reply to the interim application (Exh.9)
Order passed on Exh.9 and matter is ordered to be proceeded against respondent without reply
Later on adv. for respondent present and he is informed about the no say order passed by this court against respondent
For arguments of applicant on interim application
Next Purpose: DV CASES
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Applicant present with adv.
Respondent present with adv.
Adv. for respondent filed application requesting for setting aside the no say order dated 22/03/19 (Exh.10).   It is kept for say of applicant.   Other side received copy
Adv. for respondent filed written statement of respondent no. 1 to 5 to the interim application of applicant.   Other side received copy
By consent of both sides, case is adjourned
For hearing on interim application
Next Purpose: DV CASES
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: Applicant absent.   Adv. for applicant present
Respondent absent.    Adv. for respondent present
As Ld. MM is on leave, hence case is adjourned
For hearing on interim application
Next Purpose: DV CASES
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Applicant present with adv.
Respondent present.   Adv. for respondent absent.    Adv. for applicant filed reply of applicant to the application of respondent for setting aside no say order (Exh.11).   Respondent is directed to keep his adv. present on next date
Due to absence of adv. for respondent case is adjourned
For hearing on interim application
Next Purpose: DV CASES
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Applicant present with adv.
Respondent absent.   Adv. for respondent present
Order passed separately below Exh.10 i.e application of respondent requesting for setting aside no say order.    The application vide Exh.10 is allowed subject to cost of Rs.2000/- to be paid by respondent to applicant
By consent of both sides case is adjourned
For payment of cost of Rs.2000/- by respondent to applicant and for reply of respondent to interim application
Next Purpose: DV CASES
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Applicant present with adv.
Respondent and his adv. absent
Adjournment cost of Rs.2000/- for setting aside no say order is not paid by respondent to applicant
Due to absence of other side, case is adjourned
For payment of cost of Rs.2000/- by respondent to applicant and for reply of respondent on interim application
Later on adv. for respondent present
For payment of cost of Rs.1000/- by respondent to applicant and for reply of respondent on interim application
Next Purpose: DV CASES
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Applicant present with adv.
Respondent present.
Cost of Rs.2000/- levid upon respondent for setting aside no say order is not paid by him to applicant till today
Respondent has not filed reply to the interim application
Adv. for applicant filed application requesting for ex parte order against respondent (Exh.12).  It is allowed and due to failure of respondent to file reply, matter is ordered to be proceeded as no reply against respondent
For arguments on interim application by applicant
Next Purpose: DV CASES
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Applicant present with adv.
Respondent present with adv.
Adv. for respondent received copy of Exh.12 today i.e. application of applicant requesting for exparte order
Adv. for respondent filed application requesting for setting aside exparte order dated 01/10/19 (Exh.13).
Order passed on Exh.13 and ex parte order is set aside
Arguments heard from both sides on interim application
By consent of both sides case is adjourned
For order on interim application
Next Purpose: For order
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Applicant present with adv.
Respondent present with adv.
As the court is buys in passing orders in remand applications and hearing arguments on interim applications in other dv cases, hence by consent of both sides case is adjourned
For order on interim application
Next Purpose: For order
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Applicant present with adv.
Respondent present.
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 son as interim maintenance since filing of application till the conclusion of trial.
All respondents are directed not to commit any domestic violence as alleged by applicant
The rest of the reliefs of the applicant will be adjudicated after trial
The copy of this order be provided to both sides free of cost
For evidence
Next Purpose: DV CASES
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Applicant present with adv.
Respondent present with adv.
Respondent has not paid interim maintenance to applicant today
Adv. for applicant filed application requesting for issue of distress warrant against respondent for recovery of interim maintenance (Exh.14).   It is allowed
Issue distress warrant against respondent for recovery of interim maintenance
For report of distress warrant and for evidence
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: 22-05-2020

Date: 22-05-2020
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: 07-08-2020

Date: 07-08-2020
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: 07-11-2020

Date: 07-11-2020
Business: Applicant 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 (Exh.15).   It is allowed
Issue show cause notice to senior P.I. of concerned police station
For report of show cause notice and distress warrant
Next Purpose: DV CASES
Next Hearing Date: 24-12-2020

Date: 24-12-2020
Business: Ld. M.M. is on leave, hence board is discharged.
Next Purpose: DV CASES
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Applicant present with adv.
Respondent and his adv. absent
Report of distress warrant and show cause notice is awaited
Respondent has not paid interim maintenance to applicant
Adv.for applicant filed application requesting for issue of arrest warrant against respondent for on payment of arrears of interim maintenance (Exh.16).   It is allowed
Order passed separately below Exh.16 and arrest warrant is ordered to be issued against respondent for non payment of arrears of interim maintenance
Senior P.I. of concerned police station is directed to execute the arrest warrant against respondent without fail till next date
Protection office is also directed to take every endeavor to get execute the arrest warrant against respondent
The copy of this order be given free of cost of applicant
Issue arrest warrant against respondent for non payment of arrears of interim maintenance
For report of arrest warrant
Next Purpose: DV CASES
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Case is taken on todays board in view of request of respondent and his adv.
Respondent present with adv. Kamble and filed application requesting for taking matter on board (Exh.17).  It is allowed
Adv. for respondent also filed application for permission to deposit the amount of Rs.20000/- out of the total arrears of interim maintenance (Exh.18).   It is allowed and respondent is directed to deposit the amount and the cashier is directed to accept the amount
Respondent is directed to remain present before the court on next date of hearing and to clear all the arrears of interim maintenance earlier
CAse is adjourned
For report of arrest warrant
Next Purpose: DV CASES
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Applicant present with adv.
Respondent present with adv.
Report of protection officer regarding service of notice to respondent through speed post is received (Exh.19)
Adv. for applicant filed exam in chief of the applicant (Exh.20).  Other side received copy
Report of arrest warrant is awaited
Hence by consent of both sides, case is adjourned
For report of arrest warrant and for evidence of applicant
Next Purpose: DV CASES
Next Hearing Date: 28-04-2021

Date: 28-04-2021
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: 31-05-2021

Date: 31-05-2021
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: 30-07-2021

Date: 30-07-2021
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.
For report of distress warrant
Next Purpose: DV CASES
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Applicant absent.    Adv. for applicant present
Respondent absent.    Adv. for respondent present
Report of arrest warrant is awaited
Adv. for applicant filed application requesting for issue of fresh arrest warrant (Exh.21).     Adv. for respondent filed application cum undertaking stating that the respondent will clear the maximum amount of arrears of interim maintenance till next date (Exh.22).     Hence the application of applicant vide Exh.21 is kept pending till next date
By consent of both sides, case is adjourned
For recovery of arrears of interim maintenance from respondent or for hearing and order on Exh.21
Next Purpose: DV CASES
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Applicant present with adv.
Respondent absent.   Adv.for respondent present
Respondent has not paid any interim maintenance to applicant
Arguments heard from both sides on Exh.21 i.e. application of applicant for arrest warrant.    Order passed on exh.21 and arrest warrant is ordered to be issued against respondent for recovery of arrears of interim maintenance
Adv. for applicant also filed application requesting for issue of special squad for execution of arrest warrant against respondent and also provided mobile number of the respondent for tracing out the location of the respondent while executing the arrest warrant (Exh.23).  It is allowed
Issue arrest warrant against respondent
For report of arrest warrant
Next Purpose: DV CASES
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Applicant present with adv.
Respondent and his adv. absent
Applicant filed application through her adv. requesting for permission for withdrawal of the complaint filed by her (Exh.24).    It is allowed
Order passed separately below Exh.1 and considering the voluntary request of applicant and her adv., case is allowed to be withdrawn and disposed off accordingly
Nature Of Disposal: WITHDRAWN
Disposal Date: 22-12-2021

Additional Case Details

Additional Case Details
Filing Number: 814512/2018
Filing Date: 17-11-2018
First Hearing Date: 17th December 2018
Decision Date: 22nd December 2021
Court Number And Judge: 10-Judicial Magistrate (First Class), 10th Court

Orders

3
Final Order 2
22 Dec 2021
Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
10TH COURT, ANDHERI, MUMBAI
C. C. No. 337 / DV / 2018
ORDER BELOW EXH.1.
(Passed on 22.12.2021)
The applicant namely Mrs. Shamim Gaus Khan is present
before the Court with her Advocate. The respondents are absent.
The applicant and her learned Advocate filed an application vide
Exh. 24 for withdrawal of this case on account of her settlement
with respondents. Thus, considering the request of the applicant
and her voluntarily withdrawal, the case is withdrawn. Hence,
case is disposed off as withdrawn.
Sd/-
Dt. 22.12.2021 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai
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Interim Order 1Full order available
18 Dec 2019

Order Details: Interim Maintenance Order Pdf Text: C. C. No. 337 / DV / 2018. ORDER BELOW EXH. 4 (Passed on 18.12.2019) Through this application, the applicant Mrs. Shamim Gaus Khan has approached this Court seeking interim relief in the form of Rs.25,000/- per month as interim maintenance for herself and for her minor son. The applicant has quoted various instances of domestic violation against respondents. She has annexed copy of marriage invitation card, copy of list of jewelry and…

Read Full Order
Order 1Full order available
18 Dec 2019

Order Details: Interim Maintenance Order Pdf Text: C. C. No. 337 / DV / 2018. ORDER BELOW EXH. 4 (Passed on 18.12.2019) Through this application, the applicant Mrs. Shamim Gaus Khan has approached this Court seeking interim relief in the form of Rs.25,000/- per month as interim maintenance for herself and for her minor son. The applicant has quoted various instances of domestic violation against respondents. She has annexed copy of marriage invitation card, copy of list of jewelry and…

Read Full Order

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