Allowed

Rekha v. Emanuel

Punjab & Haryana HC27 Nov 2008TA/259/2008

Case brief

AI extract

What is this about?

The High Court allowed a transfer application pursuant to Section 9 of the Guardians and Wards Act, 1890, directing the transfer of a custody petition from the District Judge, Gurdaspur, to the District Judge, Amritsar, where the minor child ordinarily resides.

What did the court decide?

The case filed under Sections 25 and 12 of the Guardians and Wards Act, 1890, titled Emanuel V. Rekha, is transferred from the Court of District Judge, Gurdaspur, to the District Judge, Amritsar.

Rekha Vs Emanuel — Child Custody and Guardianship | Punjab & Haryana HC (2008)

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TA No.259 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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TA No.259 of 2008 Date of Decision: 27.11.2008

Rekha

.....Applicant

Vs.

Emanuel ....Respondent

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CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA

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Present : Mr.Munish Behl, Advocate for the applicant.

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RAJIVE BHALLA, J (Oral)

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Prayer in this application is for transfer of a petition filed by the respondent titled as “Emanuel V. Rekha” under Sections 25 and 12 of the Guardians and Wards Act, 1890 (hereinafter referred to as `the Act') for custody of the minor child from the Court of District Judge, Gurdaspur, to a Court of competent jurisdiction at Amritsar.

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Counsel for the applicant submits that as per Section 9 of the Act, a petition praying for custody of the minor has to be filed within the jurisdiction of a Court, where the minor ordinarily resides. In the present case, the minor's ordinary place of residence is Amritsar. It is further prayed that as the application for custody of the minor arises, in essence, from a matrimonial dispute, being defended by the respondent i.e. a criminal trial and a petition under Section 10 of the Indian Divorce Act both at Amritsar.,

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TA No.259 of 2008

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the petition for custody of the minor be transferred to Amritsar. The petition filed under Section 10 of the Indian Divorce Act was transferred to Amritsar, vide order dated 25.4.2008, passed in T.A. No.144 of 2007 titled as “Rekha V. Emanuel”.

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I have heard learned counsel for the applicant and after giving my thoughtful consideration to the facts noticed herein above, hold that it would be just and expedient that the case is transferred from the Court of District Judge, Gurdaspur, to the Court of competent jurisdiction at Amritsar. In addition, the petition for grant of divorce filed under Section 10 of the Indian Divorce Act has already been transferred by this Court to the District Judge, Amritsar.

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It would be necessary to mention here that despite service, the respondent has not come forward to oppose the prayer made in this application.

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As a result, the application is allowed and the case filed under Sections 25 and 12 of the Act, titled as “Emanuel V. Rekha” pending in the Court of District Judge, Gurdaspur, is transferred to the District Judge, Amritsar. The District Judge, Gurdaspur, is directed to forthwith transmit the file of the aforementioned case to the District Judge, Amritsar, who shall upon receipt of the case either try it himself or entrust it to a Court of competent jurisdiction.

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Parties are directed to appear before the District Judge,

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Amritsar on 16.12.2008.

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27.11.2008 (RAJIVE BHALLA) GS JUDGE

Rekha v. Emanuel

Case brief

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Rekha v. Emanuel

Case brief

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