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Amandeep Kaur vs Amandeep Singh on 9 October, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

TA No.593 of 2018
Date of decision: 09.10.2018
Amandeep Kaur .. Petitioner
vs.

Amandeep Singh .. Respondent

Coram: Hon’ble Mr. Justice Harinder Singh Sidhu

Present:- Mr. G.S. Bajwa, Advocate
for the petitioner.

Mr. Ishan Gupta, Advocate
for respondent No.1.

Harinder Singh Sidhu, J.

The petitioner wife has filed this petition under Section 24 of

the Code of Civil Procedure for transferring the application No.19 dated

24.08.2017 titled as “Amandeep Singh Vs. Karamjeet Singh and others”

under Section 25 of the Guardians and Wards Act, 1890, which is pending

in the Court of Ld. Civil Judge (Sr. Division), Sangrur to a Court of

competent jurisdiction at Fatehgarh Sahib.

The marriage of the petitioner with the respondent was

solemnized on 27.11.2005. A daughter was born to them on 03.11.2007. It

is stated that soon after the marriage, the relations between the petitioner

and the respondent became strained. Though sufficient amount was spent

on the marriage, the petitioner was harassed on account of dowry. The

petitioner was forced to leave the matrimonial home in October, 2016.

Since then she is residing at her parents at Bassi Pathana, Fatehgarh Sahib.

The minor daughter is also residing with her at Bassi Pathana. She has been

admitted in a School at Bassi Pathana.

The respondent has filed a petition under Section 25 of

the Guardians and Wards Act, 1890 seeking custody of the minor child at

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Sangrur, transfer whereof to Fatehgarh Sahib has been sought. The

applicant and her minor daughter have presently attend the Court at

Sangrur, which is not only difficult for the petitioner but is also adversely

affected the minor child.

Learned counsel for the respondent states that the petitioner is

permanently residing in Australia. She left for Australia in 2017. Her minor

has been living with the parents of the petitioner at Bassi Pathana. He states

that the petitioner has concealed this fact while filing the present petition.

Learned counsel for the petitioner on the other hand contends

that no doubt the petitioner had gone to Australia for sometime. However,

she has shifted to Bassi Pathana. The petitioner has been offered a job in

Master Mind Coaching Centre at Fatehgarh Sahib as P.T.E. Trainer. She

would join there soon. She has no intention of going to Australia in the near

future.

Considering the aforesaid facts and circumstances, this petition

is allowed.

The application No.19 dated 24.08.2017 titled as “Amandeep

Singh Vs. Karamjeet Singh and others” under Section 25 of the Guardians

and Wards Act, 1890, which is pending in the Court of Ld. Civil Judge (Sr.

Division), Sangrur is withdrawn from that Court and transferred to

Fatehgarh Sahib. The District Judge, Fatehgarh Sahib may assign it to any

competent Court.

(Harinder Singh Sidhu)
09.10.2018 Judge
Atul
Whether speaking/reasoned Yes/No
Whether Reportable: Yes/No

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