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Paramjit Kaur vs Sukhwinder Kaur on 20 December, 2018

T.A. No. 634 of 2018 (OM) 1


T.A. No. 634 of 2018 (OM)
DATE OF DECISION :- December 20, 2018

Paramjit Kaur …Applicant


Sukhwinder Kaur …Respondent


Present:- Mr. Manjit Singh Uppal, Advocate for the applicant.



By way of filing the present application, the applicant has

placed on record certified copy of petition under Section 6 of the Hindu

Minority and Guardianship Act, 1956 and Section 25 of Guardian and

Wards Act, 1890.

The application is allowed.

T.A. No. 634 of 2018

The applicant is seeking transfer of petition filed by her

mother-in-law Sukhwinder Kaur against her in the Court of Civil Judge (Sr.

Divn.) Mansa regarding custody of her minor son residing with him namely

Anmol Singh to the Court of competent jurisdiction at Ludhiana. One of the

grounds taken in the application is that under Section 9 of the Guardians

and Wards Act only the District Court of the place where the minor resides

has got the jurisdiction. In that way, according to the applicant, the Court at

Mansa does not have jurisdiction to entertain and try the petition.

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T.A. No. 634 of 2018 (OM) 2

It being so, let the applicant move to the said Court at the first

instance bringing it to the notice of the Court that it lacks territorial

jurisdiction to entertain and try the present petition and then the said Court

may pass the appropriate order on such request. However, if the applicant

still feels aggrieved then she can approach the Court again.

The Transfer Application is disposed of accordingly.

December 20, 2018

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

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