TA-883 -2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
TA-883 -2017 (OM)
Date of decision: 16.05.2018
Bhakhtawar Singh Dhillon
CORAM: Hon’ble Mr.Justice Kuldip Singh
Present: Mr.Harkesh Manuja, Advocate for the petitioner
None for the respondent
1. Whether Reporters of Local Newspapers may be allowed to see the
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Kuldip Singh, J. (Oral)
Respondent duly served by way of affixation but has not
appeared despite service. He is proceeded against ex-parte.
Petitioner seeks transfer of two cases between the parties from
Amritsar Court to Fatehgarh Sahib. First case is under Section 25 of the
Guardian and Wards Act, 1890 filed by the petitioner titled as Mrs.Hargeet
Kaur vs. Mr.Bakhtawar Singh Dhillon and the second case is Civil Suit
No.3003 of 2017 titled as Hargeet Kaur vs. Bakhtawar Singh Dhillon
pending in the Court of learned Civil Judge (Senior Division), Amritsar.
Admittedly, child of the parties is living with the father at
Amritsar. In view of Section 9 of Guardian and Wards Act, 1890,
jurisdiction is at a place where the child is residing. Since, the child is
living with the father in Amritsar, Amritsar Courts has got the jurisdiction
and keeping in view the convenience of the minor child, there is no ground
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TA-883 -2017 (OM) 2
to transfer the case from Amritsar Courts to Fatehgarh Sahib Courts. It is to
be added here that the petitioner herself has chosen the jurisdiction of
Amritsar Courts by filing the case at Amritsar Courts.
Second case is a Civil Suit filed by the petitioner regarding
some property dispute with the husband. Property is situated at Amritsar.
Since, one case between the parties is already pending at Amritsar Courts,
the plaintiff, who herself has decided to file the second suit at Amritsar
Courts, can contest the same at Amritsar.
As such there are no grounds to transfer these two cases from
Amritsar Courts to Fatehgarh Sahib Courts.
Resultantly, the present trasnfer petition stands dismissed.
16.05.2018 (Kuldip Singh)
Whether speaking/ reasoned: Yes
Whether Reportable: No
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