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Minakshi vs Rajbir on 4 March, 2020

TA No.892 of 2019 (OM) 1

Sr. No.209
TA No.892 of 2019 (OM)
Date of Decision: 04.03.2020

… Applicant

… Respondent


Present:- Mr. Rao Ajender Singh, Advocate,
for the applicant.

Mr. Sumit Sangwan, Advocate,
for the respondent.


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ordered to be withdrawn from that Court and is transferred to the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.

04.03.2020 JUDGE

Whether speaking/reasoned Yes/No
Whether Reportable Yes/No

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