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Tirath Ram And Another vs Aman on 20 February, 2020

T.A NO. 757 OF 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

T.A NO. 757 OF 2019
DATE OF DECISION : 20.02.2020

Tirath Ram and another
…Applicants
versus

Aman
…Respondent

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

hearing.

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Amritsar, is ordered to be withdrawn from that Court and is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.

(ARUN MONGA)
JUDGE
FEBRUARY 20, 2020
shalini

1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No

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