MHBI030005842023 Cri.M.A.No.

156/2023

Bhagyashree Pisal
Vs.
Devendra Pisal

ORDER BELOW EXH.1

(Dt. 29.08.2023)

1] This is an application filed under Section 12 of Domestic

Violence Act, 2005 by the applicant. The applicant is absent when
called out repeatedly till 5.15 p.m. today. Today the matter is posted
for dismissal order.
2] Perused the record. The order­sheet reflects the
applicant through her learned Advocate appeared before in­charge
Court on dt.04/03/2023 and took the matter on board for referring
the case in mediation. Accordingly, the in­charge Court referred the
matter in mediation and settlement report was filed before the in­
charge Court on dt.10/03/2023, when the matter was not listed on
board. The said mediation report is at Exh.7. Subsequently before this
Court on dt.26/06/2023 learned Advocate for the applicant filed
withdrawal pursis at Exh.8. As the applicant was absent before the
Court while filing of the withdrawal pursis, this Court passed order
below Exh.1 thereby directing the applicant to remain present on
next date for verifying the withdrawal of the matter made on her
behalf by her learned Advocate. However, inspite of the said order on
dt.15/07/2023 the applicant remained absent due to which again
order was passed below Exh.1 to keep the matter for further
appropriate order. Even thereafter the applicant remained absent.
3] Subsequently, on dt.24/08/2023 the learned Advocate
for the applicant appeared before this Court and submitted that,
applicant cannot come before this Court being with her husband now
as the dispute is settled. He further submitted that, if the Court feels
appropriate, matter be dismissed as the applicant cannot come before
the Court. Considering the submissions of the learned Advocate for
the applicant and further considering the absence of the applicant
inspite of several specific orders directing the applicant to remain
present before this Court for withdrawal as the applicant was
reluctant to appear, hence vide order dt.24/08/2023 passed below
Exh.1, the matter is posted today for dismissal.
4] Today neither applicant nor her learned Advocate
present when called out till 5.15 p.m. In the backdrop of the
discussion in the foregoing paragraphs, it appears that applicant is
not interested to proceed with the matter either for withdrawal or
otherwise. It seems that applicant has lost her interest to proceed
further with the matter. It being a private proceeding, the presence
of the applicant is necessary to proceed further either for withdrawal
due to settlement or otherwise. The applicant was expected to take
step but she has failed to do so and is found negligent. Thus, there is
no point in keeping the matter in an idle condition without active
participation from the applicant. Hence, in this background, it will be
appropriate to dismiss the case for the want of prosecution.
Resultantly the following order is passed.
ORDER
1. The petition stands dismissed for the want of prosecution.
2. The proceeding is hereby closed.
Digitally signed
by TANUJA
ANIL ASARKAR
Date:
2023.08.31
17:09:00 +0530
Place :­ Beed (Smt. Tanuja A. Asarkar)
Dt. 29/08/2023 rd
3 Judicial Magistrate First Class,
Beed.
 CERTIFICATE

I affirm that the contents of this P.D.F. file are word to word, as
per the original judgment /order.
Dictated on : 29/08/2023
Transcribed on : ­­­­­­­­­­­­­­­
Checked & signed on : 29/08/2023
Sd/­
(A.D. Tidke)
Junior Clerk,
Jt. C.J.J.D. & J.M.F.C., Beed.