TA No.892 of 2019 (OM) 1
IN THE HIGH COURT OF PUNJAB HARYANA
TA No.892 of 2019 (OM)
Date of Decision: 04.03.2020
CORAM:- HON’BLE MR. JUSTICE ARUN MONGA
Present:- Mr. Rao Ajender Singh, Advocate,
for the applicant.
Mr. Sumit Sangwan, Advocate,
for the respondent.
ARUN MONGA, J.(ORAL)
1. Applicant-wife seeks transfer of petition filed by the
respondent i.e. father of the husband (since deceased) under
Section 7 read with Section 10 of Guardian and Wards Act, 1890
titled as “Rajbir Vs. Minakshi and another” pending in the Court of
Learned Additional Civil Judge (Senior Division), Charkhi Dadri to
the Court of competent jurisdiction at District Rewari.
2. Learned counsel for the applicant submits that applicant
married to Sandeep son of respondent on 18.04.2005. Two minor
daughters born out of the said wedlock. Husband Sandeep met
with an accident and died on 23.03.2013. Thereafter, applicant
performed re-marriage with Yudhisther in January, 2017. Since
then applicant along with her two daughters is living at Village
Anandpur, Tehsil Bawal, District Rewari. He further submits that
two minor daughters are school going, who need constant care
and attention of the mother. She cannot leave them behind to
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TA No.892 of 2019 (OM) 2
attend the Court proceedings. The distance between Charkhi
Dadri and Rewari is about 70 Kms. Therefore, it is difficult for her
to go to Charkhi Dadri on each date of hearing.
3. Learned counsel for the respondent submits that minor
daughters are living with the mother of the applicant. It has been
controverted by learned counsel for the applicant by saying that
minor daughters are living with the applicant herself and they are
studying in Government Primary School, Anandpur. Copy of the
certificate is appended as Annexure A-2.
4. I have heard learned counsel for the parties and have
gone through the record of the case.
5. Minor children of the parties are residing with the
applicant at Village Anandpur, Tehsil Bawal, District Rewari.
Section 9(1) of the Guardians and Wards Act, 1890 provides that
the jurisdiction to try application vests with Court, where the
minor ordinarily resides.
6. In the premise, present application is allowed. The
petition in question pending before the Court of learned
Additional Civil Judge, (Senior Division), Charkhi Dadri is
ordered to be withdrawn from that Court and is transferred to the
District Judge, Rewari for its disposal in accordance with law by
the Court concerned.
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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