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Parveen vs Poonam on 8 May, 2019

TA-148-2019 -1-


TA-148-2019 (OM)
Date of decision: 08.05.2019




Present: Mr. Ankur Sidhar, Advocate for the applicant.


H.S. MADAAN, J. (Oral)

Applicant Parveen has filed the present application against

his wife Poonam, for transfer of petition under Section 6 of Hindu

Minority and SectionGuardianship Act, 1956, seeking custody of minor son of

the parties, namely, Master Madhav, aged about 03 years, pending before

District Judge, Family Court, Bhiwani to the Court of competent

jurisdiction at Hisar.

Notice of the application was given to the respondent, who

was duly served but did not turn up to offer a contest.

I have heard learned counsel for the applicant besides going

through the record.

Admittedly, the child is in the custody of applicant Parveen,

residing at Village Badala (Bass), Tehsil Hansi, District Hisar, whereas,

petition seeking custody of the child has been filed before District Judge,

Family Court, Bhiwani. The applicant having custody of minor son, it

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TA-148-2019 -2-

would indeed be difficult for him to go from his Village Badala (Bass),

Tehsil Hansi, District Hisar to Bhiwani to attend the dates of hearing in

the Court there. As per Section 9 of the Guardians and SectionWards Act, 1890

only the Court within whose limits the minor resides has got jurisdiction

to entertain and try the petition for custody of the minor.

Keeping in view the contentions in the application and

submissions made by learned counsel for the applicant, in which I find

merit, in absence of any strong circumstance to the contrary, it would be

proper and appropriate, if the application is accepted. The same is

accordingly allowed. The petition in question is ordered to be withdrawn

from the Court of District Judge, Family Court, Bhiwani and transferred

to Family Court at Hisar for disposal in accordance with law.

The parties are directed to appear in the transferee Court on

31.05.2019. Copies of orders be sent to both the Courts for information

and necessary compliance.

08.05.2019 (H.S. MADAAN)
sumit.k JUDGE

Whether speaking/reasoned : Yes No
Whether Reportable : Yes No

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