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Judgment
8 paragraphs · 307 wordsSavitri Ratho, J
TRP (CRL) No.54 of 2022 & I.A.No.60 of 2022
This matter is taken up by hybrid mode.
This application has been filed by the petitioner-husband under Section 407 of Cr.P.C. for transfer of Criminal Misc. Case No.16 of 2022 filed by the opp. party No.1-wife under Section 127 of Cr.P.C. for maintenance in the Court of learned S.D.J.M.., Kamkhyanagar, to the Court of learned J.M.F.C., Telkoi, wherein CRLMC No.03 of 2022 filed by the opp. party No.2-daughter is pending.
Learned counsel for the petitioner submits that Criminal Misc. Case No.16 of 2022 has been filed under Section 127 of Cr.P.C. for enhancement of maintenance. Although the opp. parties are residing in Telkoi but as the original application under Section 125 Cr.P.C., namely, Criminal Misc. Case No.05 of 2016 had been filed before the Court of learned S.D.J.M., Kamkhyanagar and the same has been disposed of vide order dated 23.04.2018 directing the opp. party (present petitioner) to pay monthly maintenance of Rs.6,000/- to the petitioner (opp. party No.1-wife), the opp. party No.1 has possibly filed Criminal Misc. Case No.16 of 2022 in the same Court for enhancement of the amount of maintenance. The daughter (opp. Party No.2) has filed CRLMC No.03 of 2022 in the Court of learned J.M.F.C., Telkoi, so it will be convenient for the petitioner and the opp. parties if Criminal Misc. Case No.16 of 2022 is transferred to the Court of learned J.M.F.C., Telkoi, so it can be heard along with Criminal Misc. Case No.03 of 2022.
Considering the above submissions, issue notice to the opp. party No.1 in the main case as well as in the I.A. by Registered Post with A.D., requisites for which shall be filed by 05.08.2022. The notice shall be made returnable within three weeks.
List this matter on 02.09.2022.
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