JAYESHBHAI JENTIBHAI PARMAR Vs. CHANDRIKABEN

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for transfer Criminal Misc. Application no.110 of 2017 pending before the Court of learned Judicial Magistrate First Class, Babara, which is preferred under Sec. 125(3) of the Cr.P.C. to the Court of learned Magistrate at Ahmedabad.

(2.) Heard Mr. Manoj Danak, learned advocate for the petitioner, Ms. Maithili Mehta, learned APP for the respondent - State and Mr. Nabil O. Bloch, learned advocate for the respondent nos.1 and 2.

(3.) Mr. Danak, learned advocate for the petitioner submitted that the matrimonial dispute between the parties has taken place long back and the respondent no.1 herein started residing at her parental home. After the wife started residing separately, she preferred an application for maintenance under Sec. 125 of Cr.P.C. before the Court of learned Judicial Magistrate First Class, Babara being Criminal Misc. Application no.7 of 2012, which was decided vide order dtd. 15/9/2012 whereby a total maintenance of Rs.3,000.00 (Rs.2,000.00 to the respondent no.1 - wife and Rs.1,000.00 to the respondent no.2 minor son) was ordered.