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Monika vs Anis Kumar on 3 August, 2017

TA No.516 of 2017 (OM) 1


TA No. 516 of 2017(OM)

Date of decision: 3.8.2017

Monika ….Applicant


Anis Kumar …..Respondent


Present: Mr. Sukhdeep Parmar, Advocate for the applicant.

None for the respondent.



On oral request made by counsel for the applicant, in the

headnote as well as in para 12 of the petition, the words ‘HMA’ are

allowed to be corrected as ‘HMG’.

The petitioner prays for transfer of petition HMG/48/2017

titled Anis Kumar Vs. Monika filed under Section 7, 10 and 25 of the

Guardians and Wards Act, 1890 from the Court of District Judge, Family

Court, Sonepat to a Court of competent jurisdiction at Panipat.

Counsel would submit that the respondent-husband filed a

petition under Section 13 of the Hindu Marriage Act, 1955 before the

Court at Sonepat but the same was transferred by this Court to the Court of

competent jurisdiction at Panipat vide order dated 31.05.2017 passed in

T.A. No.306 of 2017. It is further submitted that the respondent did not lay

any challenge to the said order and the same has attained finality.

According to learned counsel, the facts and circumstances that weighed in

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TA No.516 of 2017 (OM) 2

the mind of this Court for allowing transfer of the earlier petition remained

the same for the purpose of transfer of the instant petition from Sonepat to

a Court at Panipat. In addition, it is argued that the child for whose

custody the respondent has filed the instant petition is residing with the

applicant at village Dahar, District Panipat.

In view of the order passed by this Court in the earlier petition

coupled with the factum that the respondent has not come forward to

controvert the allegations in the petition, the aforesaid petition

HMG/48/2017 titled Anis Kumar Vs. Monika pending in the Court of

District Judge, Family Court, Sonepat is ordered to be withdrawn from the

said Court and is transferred to the Court of Civil Judge (Senior Division)

Panipat exercising the powers under Guardians and Wards Act, 1890 for

disposal in accordance with law.

Disposed of accordingly.

‘D. Gulati’ JUDGE

Whether speaking/reasoned : yes/no
Whether reportable : yes/no

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