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Samarjeet Singh vs Vandana Singh on 14 January, 2019

TA-1104-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

TA-1104-2018 (OM)
Date of decision: 14.01.2019

Samarjeet Singh
…Applicant
Versus

Vandana Singh

…Respondent

CORAM: HON’BLE MR.JUSTICE H.S. MADAAN

Present: Ms. Paramjit Kaur Deol, Advocate
for the applicant.

Mr. Himanshu, Advocate for the respondent.

H.S. MADAAN, J. (Oral)

By way of filing the present application, applicant Samarjeet

Singh prays for transfer of petition under Section 25 of Guardians and

Wards Act, 1890 filed by his wife Vandana Singh, respondent against him

having title ‘Vandana Singh Vs. Samarjeet Singh and others’ seeking

custody of minor daughter of the parties, namely, Japman Kaur residing

with the applicant at Amritsar, such petition being pending before the

Principal District Judge, Family Court, Karnal to the Court of competent

jurisdiction at Amritsar.

Notice of the application was given to the respondent, who

put in appearance through counsel.

I have heard learned counsel for the parties besides going

through the record.

Section 9 of the Guardians and Wards Acts provides that the

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TA-1104-2018 -2-

application with respect to the guardianship of a person of the minor shall

be made to the District Court having jurisdiction over the place where the

minor ordinarily resides. It being so, only the competent Court at

Amritsar appears to have the jurisdiction to entertain and try the petition.

Thus, the applicant may approach the trial Court moving appropriate

application seeking return of the petition to the petitioner for presenting it

in the Court having competent jurisdiction. The trial Court may pass

appropriate order on such application. However, if after disposal of the

application, the applicant is still aggrieved, he can approach this Court

again moving similar type of application.

The present application stands disposed of accordingly.

14.01.2019 (H.S. MADAAN)
sumit.k JUDGE

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

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