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Smt. Santosh vs Prithvi Singh on 19 April, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Transfer Appl. No. 33 / 2017
Smt. Santosh W/o Shri Prithvi Singh,, Aged About 37 Years, R/o

Village-Ledi, Tehsil-Ladnoo, District-Nagaur (Raj.).

—-Petitioner
Versus
Prithvi Singh S/o Shri Amar Singh,, R/o Village-Bambo, Tehsil-

Sujangarh, District-Churu (Raj.) At Present Posted As Conistable in

P.S. Ratangarh, District Churu (Raj.)

—-Respondent
__
For Petitioner(s) : Mr. Ravindra Singh
For Respondent(s) : Mr. Kan Singh Oad
__
HON’BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
19/04/2017

1. Petitioner has preferred this transfer petition under Section

24 of C.P.C. seeking transfer of application filed by the husband

under Section 25 of the Guardian and Wards Act seeking custody

of minor son Yogendra Singh, pending before the Additional

District Judge, Ratangar to Additional District Judge, Didwana

District, Nagaur.

2. It is contended by the counsel for the petitioner that a

petition under Section 13 was also filed by the respondent

husband which has been transferred by order of the High Court to

Didwana.

3. It is also contended that the proceedings under Section 498-
(2 of 3)
[CTA-33/2017]

A, 406, 494 I.P.C. are also pending in District Nagaur.

4. Counsel for the respondent has opposed the transfer

petition. His contention is that distance between Ratangarh and

the place where petitioner is residing is less than the distance

between Didwana Court and the place where the petitioner is

residing.

5. It is also contended that the respondent is posted at

Sardarshahar. Transfer of the case to Didwana would cause

inconvenience to him as he is a constable and he would have to

take leave from the Office for attending the Court at Didwana.

6. I have considered the contentions.

7. As per Sub Section 5 of Section 4 of the Guardian and Wards

Act, 1890. The Court having jurisdiction to entertain the

application under this Act and matter relating to the presence of

ward is the District Court having jurisdiction in the place where

the minor is ordinarily residing.

8. Admittedly, petitioner’s son Yogendra Singh who is a minor is

residing in District Nagaur and therefore, the Additional District

Judge, Didwana would have jurisdiction with relation to application

filed under Section 25 of the Guardian and Ward Act. Even

otherwise since the High Court has earlier transferred the petition

filed under Section 13 to the Additional District Judge, Didwana,

the application filed by the petitioner deserves to be allowed.

9. Application is allowed. Case No.65/2016 filed under Section

25 of the Guardian and Wards Act pending before the Additional

District and Sessions Judge, Ratangarh is transferred to Additional
(3 of 3)
[CTA-33/2017]

District Judge, Didwana District, Nagaur.

11. Copy of this order be sent to Additional District Judge,

Ratangarh for compliance. Stay application stands disposed of.

(PANKAJ BHANDARI), J.

Arti/10

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