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Monika Bhatia vs Sumit Bhatia on 15 January, 2019

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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