HIGH COURT OF JAMMU AND KASHMIR
CTA No. 04/2016
MP No. 01/2016
Date of decision: 07.03.2018
Gurwant Kour vs. S. Sukhwinder Singh
Hon’ble Mr. Justice Janak Raj Kotwal, Judge
For petitioner(s) : Mr. Ankush Manhas, Adv.
For respondent(s) : None.
No representation on behalf of the respondent in spite of having entered
appearance through his counsel before the Registry.
In this transfer application, petitioner seeks transfer of a petition under
section 25 of the Guardians and Wards Act, titled, S. Sukhwinder Singh vs
Gurwant Kour filed by the respondent (father) against the petitioner (mother) in
the court of learned District Judge, Poonch to a court having competent
jurisdiction at Jammu.
Transfer is sought on the grounds, as demonstrated by learned counsel for
the petitioner, that petitioner resides at Jammu and that she has already filed a
petition under section 25 of the said Act against the respondent in the court of
learned Additional District Judge (Matrimonial Cases), Jammu in which as ad
interim measures, custody of the child has been given to the petitioner (mother).
Evidently, there is a matrimonial dispute between the parties and the
petitioner is now residing at Jammu. Sufficient material has been produced by the
petitioner to show that the application under section 25 filed by the petitioner at
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Jammu is prior in time than that filed by the respondent at Poonch. Therefore,
sufficient ground for transferring the said petition to Jammu is made out.
Viewed thus, the petition under section 25 of the Guardians and Wards
Act filed by the respondent is withdrawn from the file of the court of learned
District Judge, Poonch and transferred to the court of learned Additional District
Judge (Matrimonial Cases), Jammu.
Registry shall send a copy of this order each to both the courts and the
court of learned District Judge, Poonch shall send the record to the transferee
(Janak Raj Kotwal)
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