IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision: 08.05.2019
CORAM: HON’BLE MR.JUSTICE H.S. MADAAN
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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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 The petition in question is ordered to be withdrawn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)
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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