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Sonal Agarwal vs Rajat Aggarwal on 19 February, 2020

TA No.852 of 2019 (OM) 1

Sr. No.213
IN THE HIGH COURT OF PUNJAB HARYANA
AT CHANDIGARH
TA No.852 of 2019 (OM)
Date of Decision: 19.02.2020

Sonal Aggarwal
… Applicant
Versus
Rajat Aggarwal
… Respondent

CORAM:- HON’BLE MR. JUSTICE ARUN MONGA

Present:- Ms. Shreya Vashishta, Advocate,
for the applicant.

Respondent in person.

ARUN MONGA, J.(ORAL)

1. Applicant-wife seeks transfer of petition filed by the

respondent-husband bearing registration No.GW24 of 2017 under

Section 43(2) and 43(3) of the Guardians and Wards Act, 1890 read

with Section 6 and 8 of the Hindu Minority and Guardianship Act,

1956 to regulate the conduct of the applicant and seeking direction

to prevent the abuse of the trust of the office of the Guardianship

with respect to sum held in the form of the fixed deposit of Rupees

Five Lakhs (Rs.5,00,000/-) in the name of the applicant in trust for

the benefit of minor pending in the Court of learned Civil Judge,

(Senior Grade) Cum Additional Chief Judicial Magistrate,

Gurugram to the Court of competent jurisdiction at Mohali.

2. Learned counsel for the applicant submits that

applicant-wife earlier filed petition under Section 7 and 25 of

Guardian and Wards Act read with Section 6 of the Hindu Minority

and Guardianship Act for the custody of minor daughter and the

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TA No.852 of 2019 (OM) 2

same was allowed on 30.05.2017.

3. Learned counsel for the applicant further submits that

the applicant-wife is residing at Zirakpur with her old age mother.

The distance between Gurugram and Mohali is about 300 Kms.

One minor daughter born out of the wedlock is residing with the

applicant and school going, who needs constant care and attention

of the mother. She cannot leave her behind to attend the Court

proceedings. Therefore, it is difficult for her to go to Gurugram on

each date of hearing.

4. Respondent appears in person and opposes the transfer

application.

5. I have heard learned counsel for the applicant and

respondent in person and have gone through the record of the

case.

6. The case pending between the parties is aftermath of

matrimonial discord and with regard to sum held in the form of

Fixed Deposit of Rupees Five Lakhs (Rs.5,00,000/-) in the name of

the applicant in trust for the benefit of the minor.

7. Reference may also be had to the observations made

by Hon’ble the Supreme Court of India in cases titled as “Sumita

Singh Vs. Kumar Sanjay and another”, AIR 2002 SC 396 and

Rajni Kishor Pardeshi v. Kishor Babulal Pardeshi” 2005 (12) SCC

237, wherein in matrimonial matters, convenience of wife is to be

preferred over the convenience of husband.

8. Even otherwise, the ethos as manifested under Article

51-A of Constitution of India also envisage that it shall be

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TA No.852 of 2019 (OM) 3

fundamental duty of every citizen of India to uphold the dignity of

woman. In addition, per Article 15 (3), power has also been

conferred on the State to make special provisions for women and

children.

9. Indisputably, minor child of the parties is residing with

the applicant at Zirakpur. Section 9(1) of the Guardians and Wards

Act, 1890 provides that the jurisdiction to try application vests with

Court, where the minor ordinarily resides.

10. In the premise, present application is allowed. The

petition in question pending before the Court of Learned Civil

Judge, (Senior Grade) Cum Additional Chief Judicial Magistrate,

Gurugram is ordered to be withdrawn from that Court and is

transferred to the District Judge, Mohali for its disposal in

accordance with law by the Court concerned.

(ARUN MONGA)
19.02.2020 JUDGE
vandana

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

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