Disposed

Shaikh Yusuf S/O Shaikh Osman and Others v. Farheen W/O Shaikh Yusuf and Others

Bombay HC3 Jan 2016WP/1463/2014

Case brief

AI extract

What is this about?

Single Judge disposed of a criminal writ petition seeking intervention in domestic violence proceedings. The Court directed respondents to conclude trial evidence within four months to address protraction, failing which petitioners can seek modification.

What did the court decide?

Direction to respondent nos. 1 and 2 to conclude evidence in trial Court within 4 months.

Shaikh Yusuf S/O Shaikh Osman and Others Vs Farheen… — Maintenance and Alimony | Bombay HC (2016)

¶1

(1) Cr. W.P. 1463/2014

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

CRIMINAL WRIT PETITION NO. 1463 OF 2014

¶4

Shaikh Yusuf S/o Shaikh Osman
and others

¶5

.. Petitioners

¶6

Vs.

¶7

Farheen W/o Shaikh Yusuf and others

¶8

.. Respondents

¶9

Mr. S.R. Dheple, Advocate for the petitioners
Mr. R.V. Dasalkar, A.P.P. for the respondent-State
None present for respondent nos.1 and 2 though served

¶10

 CORAM: M.T. JOSHI, J.
 DATE : 03/02/2016

¶11

ORAL ORDER :

¶12

1.Heard learned counsel for the petitioners and
the learned A.P.P.

¶13

2.None appears for the respondent nos.1 and 2,
though duly served.

¶14

3.The orders of the learned Judicial Magistrate
First Class, Aurangabad as well as of the learned
Additional Sessions Judge, Aurangabad cannot be faulted
with, as both the orders are passed regarding the
interim maintenance during the pendency of the original
proceeding under the provisions of the Protection of
Women from Domestic Violence Act, 2005.

¶15

(2) Cr. W.P. 1463/2014

¶16

4.It however appears that the proceedings are
pending since the year 2013 and the interim maintenance
is being paid with effect from 12/08/2013. In the
circumstances, the present Writ Petition is disposed of
with a direction that the respondent nos.1 and 2 shall
conclude their evidence in the trial Court within
a period of 4 months with effect from today.

¶17

5.Upon failure, the present petitioner would be
entitled to seek modification of the earlier order,
which issue, shall be decided by the learned Judicial
Magistrate First Class afresh taking into consideration
the protraction of the case, if any, at the behest of
the respondents.

¶18

6.With these directions, the Writ Petition is
disposed of.

¶19

7.Authenticated copy of this order be provided to

¶20

the learned counsel for the parties, on their request.

¶21

[M.T. JOSHI]
 JUDGE

¶22

arp/

Shaikh Yusuf S/O Shaikh Osman and Others v. Farheen W/O Shaikh Yusuf and Others

Case brief

What is this about?

What did the court decide?

Shaikh Yusuf S/O Shaikh Osman and Others v. Farheen W/O Shaikh Yusuf and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pandurang Laxman Rathod Vs the State of Maharashtra

Pandurang S/O Rajaram Gangane Vs the State of Maharashtra

Sanjay suganchand Kasliwal Vs Tapdia Constructions Ltd.

Ismail S/O Anwar Shaikh Vs the State of Maharashtra and Ors.

Radhyesham Gopikishan and Company Vs M/S Kashmirilal Manojkumar Jalna and Ors.

Radhyesham Gopikishan and Company Vs M/S Kashmirilal Manojkumar and Ors.