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Devi vs Satbir on 13 February, 2020

T.A NO. 669 OF 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

T.A NO. 669 OF 2019
DATE OF DECISION : 13.02.2020

Devi
…Applicant
versus

Satbir
…Respondent

CORAM : HON’BLE MR. JUSTICE ARUN MONGA

Present : Mr. Sandeep Goyat, Advocate,
for the applicant.

Mr. Kanhaiya Soni, Advocate,
for the respondent.

ARUN MONGA, J. (ORAL)

This petition has been filed by the applicant-wife seeking

transfer of a petition filed by her husband under Section 6 of the Hindu

Minority and Guardianship Act, 1956 read with Section 25 of the

Guardian and Wards Act, 1890 for the custody of minor daughters

namely Manisha and Nitika, titled as “Satbir v. Devi” pending in the

Court of Principal Judge, Family Court, Rohtak to any other Court of

competent jurisdiction at Hisar.

2. Learned counsel for the applicant submits that applicant is

residing at her parental house. Four children born out of the wedlock

are in the custody of applicant. It is very difficult for her to travel 100

kms from Hisar to Rohtak on each and every date of hearing.

4. I have heard learned counsel for the parties and have gone

through the records of the case.

5. Indisputably, minor children of the parties are residing with

the applicant at Hisar. Section 9(1) of the Guardians and Wards Act,

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24-02-2020 07:49:51 :::
T.A NO. 669 OF 2019 -2-

1890 provides that the jurisdiction to try such application vests with

the Court where the minor ordinarily resides.

6. In the premise, present application is allowed. The petition

in question pending before the Court of Principal Judge, Family Court.

Rohtak, is ordered to be withdrawn from that Court and is transferred

to District Judge, Hisar for its disposal in accordance with law by the

Court concerned.

(ARUN MONGA)
JUDGE
FEBRUARY 13, 2020
shalini

1. Whether speaking/reasoned : Yes/No

2. Whether reportable : Yes/No

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24-02-2020 07:49:52 :::

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