TA No. 1015 of 2018 -1-
IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH
TA No. 1015 of 2018 (OM)
Date of decision : 15.1.2019
…
Monika Bhatia
…………….Applicant
vs.
Sumit Bhatia
……………..Respondent
Coram: Hon’ble Mr. Justice H. S. Madaan
Present: Mr. J.S. Virk, Advocate for the applicant.
…
H. S. Madaan, J. (Oral)
By way of moving the present application, applicant Monika
Bhatia, aged about 35 years, w/o Sumit Bhatia – respondent,
presently residing with her parents at Panipat, seeks transfer of
petition under Guardians and Wards Act, for custody of minor son of
the parties, namely, Aarav Bhatia, presently residing with the
applicant, pending in the Court of Additional Civil Judge (Senior
Division), Fatehabad, to a Court of competent jurisdiction at Panipat.
Notice of the application was given to the respondent, who
has been served but has not put in appearance.
I have heard learned counsel for the applicant, besides going
through the record.
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TA No. 1015 of 2018 -2-
Section 9 of the Guardians and Wards Act, 1890 provides
that the application with respect to the guardianship of the person of
the minor, is to be made to the District Court having jurisdiction in
the place where the minor ordinarily resides. In this case, as per
version of the applicant, the minor is residing with her at Panipat.
Therefore, the petition should have been filed in the Court of
competent jurisdiction at Panipat.
Accordingly, the present application is disposed of relegating
the applicant to the remedy of approaching the trial Court, moving
appropriate application seeking return of the petition on account of
lack of territorial jurisdiction, for presentation to the Court of
competent jurisdiction at Panipat. However, if after disposal of the
application, the applicant is still dissatisfied then she would be at
liberty to approach this Court again.
( H.S. Madaan )
15.1.2019 Judge
chugh
Whether speaking / reasoned Yes / No
Whether reportable Yes / No
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