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Domestic Violence

BANOBI ASHRAF KHAN PATHANVsSALMA FIROZ KHAN PATHAN

CNR MHMM19013859201866-Judicial Magistrate (First Class), 66th Court
CASE DISPOSED
Uncontested--WITHDRAWN
Decision Date: 27th December 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
6600338/2018
Registration Date
17 Nov 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CHILD LABOUR (PROHIBITION AND REGULATION) ACT · Sec 12 · 18 · 19 · 23

    Case History / Proceedings

    Case History
    Date: 24-12-2018
    Business: Resumed today
    Ld APP is absent
    Applicant and advocate are absent
    Respondent is present with advocate
    Later on advocate for applicant is present
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: Applicant Present
    Ld. Adv. for applicant present
    Respondent Present
    Ld. Adv. for respondent Present
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Resumed today
    Ld APP is present
    Applicant is present
    Respondent present
    Advocates are present
    No say order is passed
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Resumed today
    Ld APP is present
    Both the parties are present with advocate. Adv. for respondent filed V/P today
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Resumed today
    Ld APP is present
    Ld MM is on half day leave
    Board is discharged. Charge with ACMM, 22nd Court
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 15-06-2019
    
    Date: 15-06-2019
    Business: Applicant present
    Ld. Adv. for applicant present
    Respondent absent
    Ld. Adv. for respondent present
    (Exh - 9) written statement of the Respondent.
    (Exh - 10) application for order on no replay.
    Order below Exh - 1 - The Ld. Adv. for respondent argued that she intent to file her say but not on today but on next date. her oral submission is hereby rejected. Ld. Adv. for respondent failed to submit her say, hence, application proceed with say of the respondent.
    Order below Exh - 6 - Hear Ld. Adv. for both the parties at lenght.
    on perusal of record it reveals that no such order passed by this court, therefore the prayer made by the applicant can not be considered. the same is required to be rejected.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Ld. M.M. is on Leave,  Hence Board discharged. Charged with Ld. M.M. Railway Mobile court.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Applicant is present
    Ld. Adv. for applicant present
    (Exh - 10) application for adjournment. say of other side.
    Respondent is present
    Ld. Adv. for respondent present
    date given by consent.
    Next Purpose: NOT HEARD CASES
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Applicant present
    Ld. Adv. for applicant present
    (Exh - 11) Application to take the document on Record.say of other side.
    Respondent present
    Ld. Adv. for respondent present
    Keep for argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Applicant Present
    Ld. Adv. for Applicant Present
    (Exh-12) Filed Application for Production of NC. No. 3068/19 on Record... Call Say Other side
    No Object for Other side
    Production Doc Allowed
    Respondent Present
    Ld. Adv. for Respondent Present
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Applicant present,
    Ld. Adv. for applicant present,
    Respondent present,
    Ld. Adv. for respondent present,
    (Exh - 13) Application for production of documents, allowed.
    (Exh - 14) List of documents.
    Keep for argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Applicant Present
    Ld. Adv. for Applicant Present
    Respondent Present
    Ld. Adv. for Respondent Present
    Order passed Below (Exh 13)
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: As per office order of Honble CMM, Ld. M.M. is on training program at Uttan, Hence Board Discharged, Charge with Ld. MM, Railway Mobile Court, Andheri, Mumbai
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Ld. M. M. is on leave, Charge with Ld. M.M Railway court, Board Discharged.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Applicant ab. Adv. ab.  Resp. ab. Adv. pt Requested date. for Argument. Later on Both parties pt. with Adv.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Business: Ld. M. M. is on Leave Charge with Ld. M.M. 10th Court, Andheri, Mumbai. Board discharged. In view of circular from Honble P.J. bearing No. 66/2020, case is adjourned.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: Board discharged. In view of circular from Honble P.D. J. bearing No. 66/2020, case is adjourned.
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: Board discharged. In view of circular from Honble P.D. J. bearing No. 66/2020, case is adjourned.
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Business: Board Discharged.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Case taken on todays board.  Applicant ab.  Adv. pt. filed application for hearing on urgent basis.  Issue notice to Resp  for urgent hearing.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Business: Applicant absent,
    Ld. Adv. for applicant present
    (Exh - 17) Written argument on interim application by the applicant, read and recorded.
    for argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Applicant present,
    Ld. Adv. for applicant present,
    (Exh - 18) Application to take the documents on record, only production of documents allowed.
    Respondent present,
    Ld. Adv. for respondent absent,
    for argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Ld M. M. is on leave, charge with M. M. 10th Court.   Board Discharged.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Both parties pt. with Adv.
    Argument heard both sides.
    Application for maintainability at Exh. 19 filed by Adv. of Resp.
    Kept for say of Exh. 19.
    Next Purpose: For order
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Applicant ab. Ld. Adv. for applicant pt.  Respondent ab. Ld. Adv. for respondent ab.
    Next Purpose: For order
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Applicant pt with Adv.
    Resp pt. with Adv.
    Reply on Exh. 19 filed by Adv. of applicant.
    adj. for affidavit.
    Next Purpose: For order
    Next Hearing Date: 12-05-2021
    
    Date: 12-05-2021
    Business: In View of Office Circular of Honble CMM Court, Mumbai Bearing No. CMM/OC/11/2021, dated 22/04/2021 board discharged due to Covid - 19
    Next Purpose: For order
    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: For order
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    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.
    Next Purpose: For order
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Ld. M. M. is on leave, Board discharged.  Charge with M. M. Railway court.
    Next Purpose: For order
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Applicant absent Adv. present.
    Respondent present.
    Next Purpose: For order
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Ld. M.M. is on Jail Court Duty, Hence Board Dishcarged, Charge with Ld. M.M. Railway Mobile Court.
    Next Purpose: For order
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Applicant is present,
    Ld. Adv. for Applicant present,
    Respondent is present,
    Ld. Adv. for Respondent present,
    Keep for Argument.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Applicant pt. with Ld. Adv. pt.
    Respondent pt. with Ld. Adv. pt.
    Exh- 20 - Applicant for  Ld. Adv. filed by Affidavit of Assets and Liabilities for Non-Agrarian Deponents -Enclosure _1
    Adj for Part-1 argument Heard.
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: As per SOP  O. W. No. Estt.16/93/2022 Chief Metropolitan Magistrates, Esplanade, Mumbai  dt. 28/01/2022 board discharged. Adj. for
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Resumed Ld. M.M. is on Jail Court charge  with Ld.M.M. Railway Mobile Court. Hence, Board Discharged.
    Adj to
    Next Purpose: FOR ARGUMENTS
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Both parties absent when matter called out. Later on present. Heard. Application for maintainability filed. Adj. for order.
    Next Purpose: For order
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Ld. M.M. is on Leave. Charge with Ld. M.M. 44th Court. Board discharged. Adj. to
    Next Purpose: For order
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Ld. M.M. is on Leave. Charge with Ld. M.M. Rly. Mobile Court. Board discharged. Adj. to
    Next Purpose: For order
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Adv. for applicant present. prayed for date as a connected matter is on 10.08.2022, hence adj for order on 10.08.2022.
    Next Purpose: For order
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Applicant absent.  Adv. present. Applicant absent. Adv. present. Steno is on leave, hence adj. for order on next date.
    Next Purpose: For order
    Next Hearing Date: 02-09-2022
    
    Date: 02-09-2022
    Business: Applicant is present,
    Ld. Adv. for Applicant present,
    Respondent is present,
    Ld. Adv. for Respondent absent,
    Order passed below Exh - 19 - Rejected.
    Adjourned for Order on other applications.
    Next Purpose: For order
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Applicant present. Adv. pt. Respondent ab. Adv. ab.
    Next Purpose: For order
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: Adv. for applicant present. Connected matter is on 18.10.2022. Hence, adj. for order on next date.
    Next Purpose: For order
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Parties present. Adv. present.  Heard argument in 27/DV/2019. Adj. to for order on next date.
    Next Purpose: For order
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Applicant present. Adv. present. Respondent present. Adj. to
    Next Purpose: For order
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Adv. for both the parties present. On oral request of Adv. for respondent adj to order.
    Next Purpose: For order
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Applicant present. Adv. present. Respondent present. Adv. present.  Exh. 21- Reply to interim application filed by respondent. Heard Argument on interim application. Adj. to for order Exh. 4 i.e. interim application.
    Next Purpose: For order
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Applicant present. Adv. present. Court busy in dictation of Judgment in 1134/PW/19 and orders in other matters. Court time is over hence Adj. for order on next date.
    Next Purpose: For order
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Adv. for both the parties present. Court busy in dictation of order in the matters of K.V. Jagannathrao. Hence, adjourned for order.
    Next Purpose: For order
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Ld. M.M. is on  Leave. Charge with Ld. ACMM 22nd Court. Board discharged. Adj. to
    Next Purpose: For order
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: Applicant and Adv. present. Adv. for respondent present. Court  busy in recording evidence in custody matters, Remand and bail orders, Work of incharge court etc. Hence, Adj. to
    Next Purpose: For order
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Ld. M.M. is on Leave, Charge with Ld. ACMM 22nd Court, Board Discharged.
    Next Purpose: For order
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Applicant and Adv. present. Interim application is partly allowed.   Order passed below Exh. 4 separately. Adj. to
    Next Purpose: For order
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Applicant and Adv. present. Respondent present. Adv. absent. Adj. to for filing of evidence. Adj. to
    Next Purpose: For order
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Ld. MM is on Jail Court duty. Charge with Ld. ACMM 22nd Court, Andheri. Board Discharged.
    Next Purpose: For order
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Applicant and Adv. present. Respondent and Adv. absent. Adj. to
    Next Purpose: For order
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: Applicant present. Adv. present.
    Respondent absent, Adv. absent.
    Adj. for Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Applicant and Adv. present. Respondent absent. Adv. present. Adj. to
    Next Purpose: FOR HEARING
    Next Hearing Date: 26-12-2023
    
    Date: 26-12-2023
    Business: Ld. M.M. is on Leave. Charge is with Ld. M.M., 48th Court. Board is Discharged.
    Next Purpose: FOR HEARING
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: Adv. for applicant present. Respondent present. Adv. absent. Adj. for Evidence.
    Next Purpose: FOR HEARING
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Both the parties and Adv. present. Matter is referred to mediation as per order passed below Exh. 1.  Adj. to for Mediation Report.
    Next Purpose: MEDIATION
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Ld. M.M. is on Concession Leave, Charge With Ld. ACMM 22nd Court, Board Discharged.
    Next Purpose: MEDIATION
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: Both the parties and Adv. present. Adj. to
    Next Purpose: MEDIATION
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Ld. JMFC is on Leave. Charge with Ld. ACJM 22nd Court. Board discharged. Adj. to
    Next Purpose: MEDIATION
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: Adv. for both the parties present. By consent adjourned.
    Next Purpose: MEDIATION
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    Business: Ld. JMFC is on  Leave. Charge with Ld. ACJM 22nd Court. Board discharged. Adj. to
    Next Purpose: MEDIATION
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: Applicant absent. Adv. present. Respondent and Adv. present. Adj. to
    Next Purpose: MEDIATION
    Next Hearing Date: 26-12-2024
    
    Date: 26-12-2024
    Business: Applicant absent. Adv. present. Respondent and Adv. present. Adj. to
    Next Purpose: MEDIATION
    Next Hearing Date: 27-12-2024
    
    Date: 27-12-2024
    Business: Applicant and Adv. present. Respondent and Adv. present.  Application for withdrawal filed by applicant. Order passed below Exh. 1 separately. Case withdrawn.
    Nature Of Disposal: WITHDRAWN
    Disposal Date: 27-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 141517/2018
    Filing Date: 17-11-2018
    First Hearing Date: 24th December 2018
    Decision Date: 27th December 2024
    Court Number And Judge: 66-Judicial Magistrate (First Class), 66th Court

    Orders

    3
    Final Order 2
    27 Dec 2024
    Order Details: Order
    Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
    66TH COURT ANDHERI, MUMBAI
    C.C. NO.338/DV/2018
    Banobi Ashraf Khan Pathan ...Complainant
    V/S.
    Salma Firoz Khan Pathan ...Respondents
    ORDER BELOW EXH.1
    The present petition is filed for various reliefs as per the provisions of
    The Protection of Women from Domestic Violence Act. Today complainant appeared
    before the court along-with her counsel. By filing application at Exh.22, it is
    informed that they have settled their dispute out of court. Withdrawal pursis is filed
    at Exh.22. In view of detail order passed below Exh.22, permission is granted for
    withdrawal of the petition against the respondents after due verification. Hence, the
    order:
    O R D E R
    1. Petition stands disposed off as withdrawn.
    2. Proceeding is closed.
    Sd/-
    Date : 27/12/2024 (Vijay C. Gawai)
    Judicial Magistrate (First Class),
    66th Court, Andheri, Mumbai.
    -- 1 of 1 --
    Interim Order 1Full order available
    05 Apr 2023

    Order Details: Order Pdf Text: C.C. NO. 338/DV/2018 IN THE COURT OF METROPOLITAN MAGISTRATE 66th COURT, ANDHERI, MUMBAI C.C. NO.338/DV/2018 Mrs.Banobi Ashraf Khan Pathan ...Aggrieved person/Applicant v/s. Mrs.Salma Firoz Khan Pathan ...Respondent Order passed below interim application (Exh.4). 1. Read the application. Perused say filed by respondents. Heard Both the Counsel at length. 2. This is an application filed under the provisions of the Prevention of women from Domestic Violence Act 2005 for protection, residential and for compensation. 3. Case…

    Read Full Order
    Order 1Full order available
    05 Apr 2023

    Order Details: Order Pdf Text: C.C. NO. 338/DV/2018 IN THE COURT OF METROPOLITAN MAGISTRATE 66th COURT, ANDHERI, MUMBAI C.C. NO.338/DV/2018 Mrs.Banobi Ashraf Khan Pathan ...Aggrieved person/Applicant v/s. Mrs.Salma Firoz Khan Pathan ...Respondent Order passed below interim application (Exh.4). 1. Read the application. Perused say filed by respondents. Heard Both the Counsel at length. 2. This is an application filed under the provisions of the Prevention of women from Domestic Violence Act 2005 for protection, residential and for compensation. 3. Case…

    Read Full Order

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