TA No.816 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
TA No. 816 of 2017(OM)
Date of decision: 27.9.2017
Geeta Rani ….Applicant
VERSUS
Karamjeet …..Respondent
CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL
Present: Mr. K.S. Chaudhary, Advocate for the applicant.
REKHA MITTAL, J.(Oral)
The applicant prays for transfer of petition under Section 25
of the Guardians and Wards Act, 1890 from the Court of Additional Civil
Judge (Senior Division), Shahbad to a Court of competent jurisdiction at
Chandigarh.
Counsel for the applicant has submitted that the child for
whose custody the petition has been filed is studying in M.R.D. Model
School Manimajra, U.T. Chandigarh. The applicant has got no source of
income for maintenance of herself as well as the child, therefore, it is
difficult for her to defend the proceedings filed at Shahbad.
The physical distance between the two places is
approximately 70 KMs. Frequent transport facility is available between
Chandigarh and Shahbad. Under the circumstances, it is appropriate that
the petition is allowed to continue at the place where the same is filed.
However, applicant is at liberty to file an application for issuance of
appropriate directions in the light of judgment of Hon’ble the Supreme
Court in Krishna Veni Nagam Vs. Harish Nagam, 2017 (2) RCR (Civil)
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TA No.816 of 2017 (OM) 2
358. In case such an application is filed, the same shall be disposed of by
the Court below before proceeding further with the matter.
With the aforesaid observations, the petition stands disposed
of.
SEPTEMBER 27, 2017 (REKHA MITTAL)
‘D. Gulati’ JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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