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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