DURGAWATI DEVI Vs. MUKTINATH TIWARI

JUDGEMENT

(1.) These petitions have been filed by the wife for transfer of proceedings under Section 125 (3) Code of Criminal Procedure (hereinafter referred as Cr.P.C. 1973,) and Section 127 Cr.P.C bearing Case No. 119 of 2015, Smr. Durgawati Devi Vs. Muktinath Tiwari and Case No. 118 of 2015, Smt. Durgawati Devi Vs. Muktinath Tiwari respectively from the Principle Judge Family Court, Faizabad to the court of Principle Judge Family Court, Ambedkar Nagar.

(2.) During the Course of argument a question arose as to whether an application under Section 24 of the Code of Civil Procedure, 1908 (herein after referred as C.P.C.) would be maintainable for transfer of proceedings under Section 125 and 127 Cr.P.C. 1973, or not? This query had been put to the learned counsel for the applicant by the Court vide its order dated 07.02.2020.

(3.) When the matter was taken up for hearing, thereafter, learned counsel for the applicant relied upon a decision of the Supreme Court reported in Vijay Kumar Prasad Vs. State of Bihar and others, 2004 5 SCC 196; wherein it had been held that proceedings under Section 125 Cr.P.C were of Civil nature. He contended that proceedings in question being of a civil nature, transfer application under Section 24 CPC would be maintainable before this Court. He also relied upon decision of a Co-ordinate Bench of this Court in the case of Mohammad Nadeem Vs. State of U.P. and other in Criminal Revision No. 98 of 2015 and connected matters wherein it had been held that judgments and orders passed by the Family Court would be subject to the remedy provided under Section 19 of the Family Courts Act, 1984 and not the remedy available under the Criminal Procedure Code, 1973 or the Code of Civil Procedure, 1908 and it will be deemed to be a Civil Court for the purpose Section 19 of the Act, 1984. Based on it he submitted that there is no difficulty in maintaining an application under Section 24 CPC for transfer of the proceedings pending before the Family Court, under Section 125 and 127 Cr.P.C. 1973, as it is deemed to be a Civil Court. Relying upon the same decision he contended that against an order passed by the Family court, a petition under Section 482 Cr.P.C would not be maintainable, as the Family Court is deemed to be a Civil Court and not a Criminal Court subordinate to High Court within meaning of 482 Cr.P.C. 1973, Therefore, according to him, for this reason also an application under Section 24 C.P.C would be maintainable.