Geeta Rani vs Karamjeet on 27 September, 2017

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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