CR No.5103 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
CR No.5103 of 2014
Date of Decision: 24.08.2017
Seema Sharma ……Petitioner
Abhay Sharma …..Respondent
CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Ravi K. Matoo, Advocate
for the petitioner.
RAJ MOHAN SINGH, J.(Oral)
. Petitioner has challenged the order dated 05.07.2014
passed by Additional Civil Judge (Senior Division), Patiala, vide
which the petitioner was directed to produce her child in the
Court without determining the application under Order 7 Rule 11
read with Section 151CPC filed by the petitioner.
. In compliance to the orders dated 16.03.2016,
18.11.2016 and 16.02.2017, publication has already been
effected in the newspapers. Despite service, none has
appeared on behalf of the respondent. Therefore, the
respondent is proceeded against ex parte.
. The impugned order dated 05.07.2014 reads as under:-
“Present: Sh. Rajiv Chaudhary, counsel for petitioner.
Sh. Satinder Pal, counsel for respondent.
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Reply not filed. On request and in the interest
of justice, case is adjourned to 05.08.2014 for filing
reply as last opportunity. Respondent is directed to
produce the child for the date fixed.
. It appears that the order has been passed at the
preliminary stage, even in the absence of the petitioner who was
impleaded as respondent in the petition under Section 9 of the
Guardians and Wards Act. On receipt of summon, the petitioner
filed an application under Order 7 Rule 11 read with Section 151
CPC for rejection of the petition on the ground that the petitioner
along with her minor son are residing in Sangrur, whereas the
petition under Section 9 of the Guardians and Wards Act came
to be filed in the Court at Patiala.
. Learned counsel for the petitioner contended that under
Section 9(1) of the Act, the Court at Sangrur is having
jurisdiction, where the minor is residing and the Court at Patiala
was legally obligated to decide the application at the first
instance before passing the impugned order.
. Be that as it may, the perusal of the record shows that
the order has been passed in a total non-speaking manner. It
would be just and appropriate to set aside the order dated
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CR No.5103 of 2014 3
05.07.2014 and remand the case to the Judge, Guardian Court
at Patiala to decide the same afresh keeping in view the
application filed by the petitioner under Order 7 Rule 11 read
with Section 151 CPC.
. In view of above, impugned order dated 05.07.2014
passed by Additional Civil Judge (Senior Division), Patiala is set
aside with the direction as made above.
August 24, 2017. (RAJ MOHAN SINGH)
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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