SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Paramjit Kaur vs Sukhwinder Kaur on 20 December, 2018

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

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

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

Paramjit Kaur …Applicant

Versus

Sukhwinder Kaur …Respondent

CORAM: HON’BLE MR. JUSTICE H.S. MADAAN

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

***

CM-27750-CII-2018

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.

1 of 2
27-12-2018 01:33:06 :::
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.

(H.S. MADAAN)
JUDGE
December 20, 2018
p.singh

Whether speaking/reasoned Yes/No

Whether Reportable Yes/No

2 of 2
27-12-2018 01:33:06 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation