Anil Kumar Kalika Prasad ShivhareversusMahima Aniilkumar Shivhare

                                                    911 WP-4841-2025.DOC
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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
                  WRIT PETITION NO.4841 OF 2025
Anil Kumar Kalika Prasad Shivhare                      …Petitioner
            Vs.
1. Mahima @ Pinki Anilkumar Shivhare
2. State of Maharashtra                                …Respondents


Ms. Manisha Bhosale a/w. Mr. Suhas Kadu, Ritesh Yadav, Chinmay
Dhanavade and Akshita Vakharia i/b. Dharmesh Joshi, for the
Petitioner.
Dr. Pradip Chavan a/w. Shweta Borhade and Sushant Vahalkar
i/b. Pradeep Chavan and Associates, for Respondent No. 1
Mr.S.V. Walve - APP for Respondent No. 2-State.
Mr.Anil Kumar Kalika Prasad Shivhare, the Petitioner is present
through VC.
Ms.Mahima @ Pinki Anilkumar Shivhare, the Respondent No. 1 is
present.



                        CORAM:      MADHAV J. JAMDAR, J.
                        DATE :      22nd JULY, 2026
P. C.:

1.       Heard Ms. Bhosale, learned counsel appearing for the

Petitioner and Dr. Chavan, learned counsel appearing for

Respondent No.1.



2.       By the present Writ Petition, the challenge is to the legality

and validity of the order dated 24th September, 2024 passed by the

learned Addl. Chief Metropolitan Magistrate, 11 th Court, Kurla,



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Mumbai below Exhibit 33 in C.C. No. 807/DVC/2012. By the

Impugned Order, the application of the Petitioner seeking recall of

the witness of the Respondent for conducting cross examination is

rejected.



3.    It is the submission of Ms. Bhosale, learned counsel

appearing for the Petitioner that the learned advocate for the

Petitioner was unwell and, therefore, could not remain present on

14th August, 2018, as a result of which no cross order was passed

against     the   Petitioner.   She     further     submits   that   due   to

miscommunication, she could not remain present when the said

application at Exhibit 33 was taken up and decided.



4.    On the other hand, Dr. Chavan, learned counsel appearing

for Respondent No.1 submits that the learned advocate for the

Petitioner deliberately remained absent on 14 th August, 2018 and

also at the hearing of the application at Exhibit 33, just to delay

the proceedings. He further submits that there are huge arrears of

maintenance of about Rs.27,30,000/-. Ms. Bhosale, learned

counsel appearing for the Petitioner disputes the same and states

that the arrears are about Rs.15,00,000/-. Ms. Bhosale, learned




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counsel, on instructions, submits that the Petitioner is ready and

willing to deposit an amount of Rs.10,00,000/- in the account of

the Respondent No. 1, without prejudice to the rights and

contentions of the Petitioner.



5.         Dr. Chavan, learned counsel appearing for the Respondent

No. 1, on instructions of Respondent No. 1-Mahima @ Pinki

Anilkumar Shivhare, who is personally present in Court, states that

if the Petitioner is ready and willing to deposit the said amount of

Rs.10,00,000/- in her bank account within a period of seven days

from today, then she has no objection to set aside the impugned

order. The written consent to this effect given by the Respondent

No. 1- Mahima @ Pinki Anilkumar Shivhare is taken on record and

marked “X” for identification.



6.         Accordingly, by consent of parties, the following order is

passed :



      I.   The order dated 24th September, 2024 passed by the learned

           Addl. Chief Metropolitan Magistrate, 11th Court, Kurla,




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         Mumbai below Exhibit 33 in C.C. No. 807/DVC/2012 is

         quashed and set aside.



      II. Resultantly, no cross order passed on 14th August, 2018 by

         the Addl. Chief Magistrate, 11th Court, Kurla, Mumbai below

         Exhibit 12 in C.C. No. 807/DVC/2012 is recalled.



      III. Learned counsel for both the parties state that C.C. No.

         807/DVC/2012 is scheduled to be listed before the learned

         Trial Court on 10th September, 2026. On the said date, the

         Applicant–Mahima @ Pinki Anilkumar Shivhare shall remain

         present before the learned Trial Court for her cross-

         examination. The Petitioner–Anil Kumar Kalika Prasad

         Shivhare shall conduct the cross-examination through his

         learned Advocate either on the same day or on the date as

         may be fixed by the learned Trial Court.



      IV. It is made clear that if the amount of Rs.10,00,000/- is not

         deposited in the bank account of Respondent No. 1 –

         Mahima @ Pinki Anilkumar Shivhare on or before 31 st July,




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         2026, the Writ Petition shall stand dismissed without further

         reference to this Court.



      V. In the facts and circumstances, the learned Trial Court is

         requested    to   dispose     of     C.C.     No.   807/DVC/2012

         expeditiously.



7.      The Writ Petition is disposed of in the aforesaid terms.


                                                 [MADHAV J. JAMDAR, J.]




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