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Sangeeta Goyal vs Neeraj Goyal on 10 October, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

TA No. 839 of 2018(OM)
Date of decision:10.10.2018

Sangeeta Goyal .. Petitioner
vs.
Neeraj Goyal .. Respondent

Coram: Hon’ble Mr. Justice Harinder Singh Sidhu

Present:- Mr. Vivek Goyal, Advocate
for the petitioner.

Mr. Sumit Gupta, Advocate
for the respondent.

Harinder Singh Sidhu, J.

The petitioner-wife has filed the present petition under Section

24 of the Code of Civil Procedure for transfer of petition under Section 6 of

the Guardian and Wards Act, 1890( in short 6 of the Act,1890 ) filed by the

respondent for the custody of minor child from the Court of learned District

Judge( Family Court) Karnal to a Court of competent jurisdiction at

Kurukshetra.

The marriage between the petitioner and the respondent was

solemnized on 02.11.2003. Two male children were born to them.

It is the case of the petitioner that she has been harassed and

humiliated by the respondent and his family members on account of dowry.

The petitioner has been repeatedly beaten up by the respondent and his

family members and is presently residing with her parents at Kurukshetra.

Her minor son Hardik is also residing with her at Kurukshetra. The

petitioner has filed a petition under Section 125 of the Code of Criminal

Procedure, which is pending at Kurukshetra. Her complaint under Section

12 of the Protection of Women from Domestic Violence Act, 2005 is

also pending at Kurukshetra. The respondent thereafter filed the petition

under Section 13 of the Hindu Marriage Act, 1955 at Karnal. However, on

filing of transfer application by the petitioner before this Court, the said

case was transferred to Kurukshetra. Now the respondent has filed a

petition under Section 6 of the Act,1890 at Karnal.

Learned counsel for the petitioner has argued that as per

Section 9 of the Act, 1890 a petition in respect of guardianship of a minor is

to be filed before the District Judge having jurisdiction at the place where

the minor ordinarily resides. He states that as the minor son Hardik is

residing with the petitioner at Kurukshetra, the jurisdiction to try and

entertain the suit with regard to his guardianship is before the Court at

Kurukshetra.

Learned counsel for the respondent, on the other hand, has not

disputed that the minor son Hardik is residing with the petitioner at

Kurukshetra.

Considering the facts and circumstances of the case, the

transfer application is allowed. The petition under Section 6 of the

Guardian and Wards Act, 1890 filed by the respondent, titled as Neeraj

Goyal vs. Sangeeta Goyal’ which is pending before the Principal District

Judge (Family Court), Karnal is withdrawn from the said Court and

transferred to Kurukshetra. The District Judge Kurukshetra may assign it to

any competent Court.

(Harinder Singh Sidhu)
10.10.2018 Judge
dinesh

Whether speaking/reasoned Yes

Whether Reportable: Yes/No

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