ORDER

1. Heard parties.

2. These two transfer petitions can be disposed of by this common order.

In Transfer Petition (Civil) No. 551 of 2004 the wife seeks transfer of HMJ Petition No. 707 of 2002 filed under Section 13 of the Hindu Marriage Act titled as Pravin Singh Ramakant Bhadoria v. Nee/am Pravin Singh Bhadoria from the Family Court, Mumbai to the Court of Civil Judge (Senior Division), District Etawah, Uttar Pradesh. The grounds are that there is a small child who is born on 6-12-2000 and there is a criminal case arising out of FIR No. 171 of 2001, PS Barpura, District Etawah under Sections 498-A/323 IPC read with Sections 3/4 of the Dowry Act which is pending at Etawah. It is also stated that she has no means of livelihood and is dependent on her parents, therefore, it would be difficult for her to travel and contest the case pending at Mumbai.

3. Transfer Petition (Criminal) No. 355 of 2004 has been filed by the husband for transfer of the criminal case mentioned above to the Court of Additional Chief Metropolitan Magistrate at Borivalli, Mumbai. The grounds given are that the divorce petition is also pending at Mumbai. It is also stated that the family of the respondent has considerable clout and therefore it is not safe for the husband to visit Etawah to attend criminal case. It is also claimed that it is inconvenient for him to go to Etawah on every occasion.

4. In our view, considering the fact that there is a small child which requires looking after by the mother, the criminal case cannot be transferred out of Etawah and the other cannot be allowed to continue in Borivalli, Mumbai. We therefore allow Transfer Petition (Civil) No. 551 of 2004 and dismiss Transfer Petition (Criminal) No. 355 of 2004. HMJ Petition No. 707 of 2002 titled as Pravin Singh Ramakant Bhadoria v. Neelam Pravin Singh Bhadoria will stand transferred from the Family Court, Mumbai to the Court of Civil Judge (Senior Division), District Etawah, Uttar Pradesh.