T.A NO. 757 OF 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
T.A NO. 757 OF 2019
DATE OF DECISION : 20.02.2020
Tirath Ram and another
CORAM : HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. Veneet Sharma, Advocate,
for the applicant.
None for the respondent.
ARUN MONGA, J. (ORAL)
This petition has been filed by the applicants seeking
transfer of a petition filed by respondent under Section 25 of the
Guardian and Wards Act, 1890 bearing No. GW/269/2019 titled as
“Aman v. Pooja” seeking custody of two minor chiildren, pending in the
Court of Principal Judge, Family Court, Amritsar to any other Court of
competent jurisdiction at Tarn Taran.
2. Learned counsel for the applicants submits that marriage
of daughter of the applicants was solemnized with the respondent. Out
of the wedlock, two children were born. There was matrimonial discord
between their daughter and the respondent. A decree of divorce by
mutual consent was granted by the Court. The custody of minor
children is with the applicants who are residing at Tarn Taran. The
mother of minor children has gone to Singapore for earning her
livelihood and for the welfare of minor children.
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T.A NO. 757 OF 2019 -2-
3. Learned counsel further submits that both the applicants
are aged. It is very difficult for them to travel along with minor
children from Tarn Taran to Amritsar on each and every date of
4. Despite service, no one has put in appearance on behalf of
the respondent. Hence, this Court is of the view that respondent is
deemed to have consented the present transfer application by not
contesting the same.
5. I have heard learned counsel for the applicants and have
gone through the records of the case.
6. Indisputably, minor children of the parties are residing with
the applicant at Tarn Taran. Section 9(1) of the Guardians and Wards
Act, 1890 provides that the jurisdiction to try such application vests
with the Court where the minor ordinarily resides.
7. In the premise, present application is allowed. The petition
in question pending before the Court of Principal Judge, Family Court.
Amritsar, is ordered to be withdrawn from that Court and is
transferred to District Judge, Tarn Taran for its disposal in accordance
with law by the Court concerned.
FEBRUARY 20, 2020
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No
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