T.A NO. 669 OF 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
T.A NO. 669 OF 2019
DATE OF DECISION : 13.02.2020
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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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Rohtak, is ordered to be withdrawn from that Court and is transferred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
FEBRUARY 13, 2020
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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