Proceedings under Section 125, Cr. P. C. pending before a Family Court are governed by the Code of Criminal Procedure and not the Code of Civil Procedure. The High Court has the power to transfer such proceedings under Section 407 of the Code of Criminal Procedure.

( 1 ) THIS is an application for transfer of a proceeding under Section 125, Cr. P. C. pending before the Family Court, Bareilly, under Section 24 of the Code of Civil Procedure.

( 2 ) THE ground that has been made out in the application is that the applicant had been threatened and abused while participating in the proceeding before the Family Court and that he has certain inconvenience on account of his handicapped brother who is dependent on him. He has sought for transfer on these grounds.

( 3 ) LEARNED Counsel for the applicant has pointed out from paragraph No, 13 of the rejoinder affidavit that the applicant had denied the allegations made in the counter affidavit. According to him in the facts and circumstances of the case the proceedings should be transferred from bareilly to Meerut.

( 4 ) MR. B. Dayal, learned Counsel for the opposite party on the other hand contends that the petitioner is husband, while opposite party is wife. Therefore, convenience of the husband should hot be over-weighed than that of the wife. Apart from the said ground, the petitioner himself initiated divorce proceeding under Section 13 of the Hindu Marriage Act in the Family Court, bareilly which however was withdrawn subsequently after an order of maintenance was passed on 14. 9. 1993. He has also pointed out that the alleged abuse was made on 6. 10. 1993 while the petitioner had withdrawn the suit itself on 14. 9. 1993.

( 5 ) THE allegations are disputed by the parties. This Court cannot enter into those disputed questions of facts in such a proceeding when there are certain discrepancies in the allegation itself. In the counter affidavit it has been pointed out that on the date i. e. 6. 10. 1993, the brother of the wife-opposite party, was on duty and therefore, he could not have abused the petitioner on the date mentioned. Then again the fact remains that the petitioner himself con tested at Bareilly by filing his own divorce suit. The very withdrawal of the divorce suit on the same day when the order of maintenance was passed shows that the petitioner was not inclined to maintain the wife and pay the maintenance. It is alleged in the counter affidavit, that despite the order of maintenance, no maintenance has been paid to the wife by the petitioner. This fact has not been denied in die rejoinder affidavit. Filing of divorce petition at Bareilly by the petitioner has also not been denied in the counter affidavit while dealing with the said allegation made in the counter affidavit. By reason of the order of stay passed in the present proceeding, the proceeding under Section 125, Cr. P. C. stayed and could not proceed. This also indicates the aim and object of the petitioner aimed at in frustrating the payment of maintenance to his wife. In addition, the grounds made out in the application for transfer does not appear to be sufficient to satisfy the test laid down in Section 24 of the Code of Civil Procedure for transfer. Despite vehement argument, i have not been able to pursuade myself to agree with the contention of the learned Counsel for the applicant.

( 6 ) IT is contended on behalf of learned Counsel for the opposite party that the proceeding which has been sought to be transferred being a proceeding under Section 125 of the Code of Criminal procedure, the same cannot be transferred in exercise of power conferred under Section 24 of the code of Civil Procedure. The proceeding being a proceeding under the Code of Criminal procedure the same is governed by the procedure thereof.

( 7 ) IT appears that there are substance in the submission of learned Counsel for the opposite party. Admittedly, the proceeding is pending before the Family Court. By reason of Section 7 (2) of the family Courts Act, 1984, "the jurisdiction exercisable by a Magistrate of First Class under chapter-IX (relating to the order for maintenance of wife and children and parents) of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) shall be exerci