RAJIV SHARMA Vs. ISHIKA SHARMA

JUDGEMENT

(1.) Present petition is filed under Section 407 Code of Criminal Procedure for transfer of criminal case No. 7 of 2014 titled Ms. Ishika Sharma Vs. Rajiv Sharma pending in the Court of learned Judicial Magistrate Ist Class Dharamshala to the Court of learned Chief Judicial Magistrate Hamirpur or any other Courts situated at Hamirpur H.P.

(2.) Ms. Ishika Sharma age 9 years daughter of Sh. Rajeev Sharma minor through her mother Smt. Anita Sharma mother filed petition under Section 125 Cr.PC for grant of maintenance allowance to minor child Ms Ishika to the tune of Rs.5000/- (Five thousand) per month. It is pleaded that date of birth of Ms Ishika minor is 24.06.2005 and at present minor Ishika is living with her mother. It is pleaded that non-petitioner Rajeev Sharma has divorced his wife Smt. Anita Sharma. It is pleaded that divorce took place with the consent between Smt. Anita Sharma and Sh. Rajiv Sharma. It is further pleaded that non-petitioner agreed that minor daughter will live with her mother. It is further pleaded that non-petitioner also agreed that non-petitioner would pay a lump-sum amount of maintenance to minor daughter to the tune of Rs.500000/- (Five lacs). It is further pleaded that non-petitioner also assured that he would participate and bear the expenses of the marriage of Ms.Ishika. It is further pleaded that non-petitioner backed out from his promise and did not pay amount of maintenance to minor Ishika. It is further pleaded that minor Ishika is unable to maintain herself and she has no independent source of income. It is further pleaded that minor is school going child. It is further pleaded that minor Ishika is a student of 5th class in DAV public school and her monthly education charges are Rs.2280/- (Two thousand two hundred eighty). It is further pleaded that non-petitioner is able bodied person and is running electronic shop and also running restaurant of fast food at Sujanpur and earns a net income of Rs.20000/- (Twenty thousand) per month. It is further pleaded that petitioner also having three more shops in the main bazaar at Sujanpur rented out at the rate of Rs.4500/- (Four thousand five hundred) per month.

(3.) Ms. Ishika Sharma has filed response to the petition filed under Section 407 of the Code of Criminal Procedure.