SARAT KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up by hybrid mode.

(2.) This application has been filed by the petitioner-husband under Sec. 407 of Cr.P.C. for transfer of Criminal Misc. Case No.16 of 2022 filed by the opp. party No.1-wife under Sec. 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.

(3.) Learned counsel for the petitioner submits that Criminal Misc. Case No.16 of 2022 has been filed under Sec. 127 of Cr.P.C. for enhancement of maintenance. Although the opp. parties are residing in Telkoi but as the original application under Sec. 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 dtd. 23/4/2018 directing the opp. party (present petitioner) to pay monthly maintenance of Rs.6,000.00 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.