911 WP-4841-2025.DOC skt 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, 11th Court, Kurla, 22nd July, 2026 911 WP-4841-2025.DOC skt 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 14th 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 22nd July, 2026 911 WP-4841-2025.DOC skt 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, 22nd July, 2026 911 WP-4841-2025.DOC skt 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 31st July, 22nd July, 2026 911 WP-4841-2025.DOC skt 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.] 22nd July, 2026