The court dismissed a transfer application seeking to shift a Section 125 Cr.P.C. maintenance proceeding from Khandapara to another court in the district due to a pending criminal case in Khurda.
The transfer application was dismissed.
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TRPCRL No.18 of 2016
07.
07.12.2016
Heard learned counsel for the petitioner and learned counsel for the opposite parties.
This is an application filed by the petitioner to transfer Criminal Misc. Case No.05 of
2016 which is a proceeding under section 125 of the Cr.P.C. from the Court learned J.M.F.C.,
Khandapara to any Court of concurrent jurisdiction in the district of Nayagarh or Khurda.
The opposite party No.1 is the wife and opposite party No.2 is the son of the petitioner
respectively and they filed an application under section 125 of the Cr.P.C. claiming maintena
nce against the petitioner in the Court of learned J.M.F.C., Khandapara and they have specific
ally stated that they are residing at present at Khandapara. The sole ground taken in the tran
sfer petition to transfer the case from the Court of learned S.D.J.M., Khandapara to any other
Court in the district of Nayagarh is that another Criminal Proceeding which has been institut
ed at the instance of opposite party No.1 against the petitioner at Khurda is subjudiced.
Learned counsel for the opposite parties submits that the opposite party No.1 was tortur
ed by the petitioner for which she along with her son (opposite party No.2) are now staying at
her fathers place and the opposite party No.2 is a child who is aged about two years and it w
ould be extremely difficult on her part to attend the Court, if the case is transferred to any
other Court of concurrent jurisdiction in the district of Nayagarh or Khurda.
In view of the submissions of learned counsel for the respective parties, I am not incli
ned to accept the prayer
made in the transfer application to transfer the Criminal Misc. Case No.05 of 2013 from the Co
urt of learned J.M.F.C., Khandapara to any Court of concurrent jurisdiction in the district of
Nayagarh or Khurda.
Accordingly, the TRPCRL being devoid of merit stands dismissed.
p
S.K. Sahoo, J.
3
1 issue framed by the court
Whether the prayer to transfer the maintenance proceeding from one court of concurrent jurisdiction to another is meritorious.
1 provisions across 1 enactments
Petitioner
Opposite Party No.1
Opposite Party No.2
S.K. Sahoo
As recorded by the court registry
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