Allowed

Jagir Kaur v. Tejinder Pal Singh

Punjab & Haryana HC10 Jan 2012TA/163/2010

Case brief

AI extract

What is this about?

In a transfer application under Section 24 CPC, the court held that since minors reside with the applicant in Amritsar and she faces financial hardship traveling to Gurdaspur, the custody petition under Section 25 Guardian and Wards Act is transferred to Amritsar based on jurisdiction and convenience.

What did the court decide?

Transfer of child custody petition under Section 25 Guardian and Wards Act from Gurdaspur to Amritsar.

Jagir Kaur Vs Tejinder Pal Singh — Child Custody and Guardianship | Punjab & Haryana HC (2012)

¶1

TA No.163 of 2010

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

TA No.163 of 2010 Date of decision: 10.1.2012

Jagir Kaur

....Applicant

Versus

Tejinderpal Singh

...Respondent

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN

¶11

Present: Mr.Vishal Sharma, Advocate for Ms.GK Mann, Advocate for the applicant.

¶12

Mr.LS Goraya, Advocate for the respondent

¶13

¶14

Jitendra Chauhan, J.(Oral)

¶15

The present application under Section 24 of the Code of Civil Procedure, has been filed by the applicant/wife, seeking transfer of the petition titled as `Tejinder Pal Singh Vs. Jagir Kaur', filed by the respondent/husband under Section 25 of the Guardian and Wards Act, 1890, from the court of learned Guardian Judge/Additional Civil Judge (Senior Division), Gurdaspur, to the court of competent jurisdiction at Amritsar.

¶16

I have heard the learned counsel for the parties and perused the

¶17

case file.

¶18

The perusal of the case file reveals that both the children, born out of the wedlock, are presently in the custody of the applicant. She has been ousted from her matrimonial home and now she is residing at the

¶19

TA No.163 of 2010 2

¶20

mercy of her parents at Amrtisar.

¶21

As per Section 9 of the Act, an application with respect to the guardian of the person of the minor, shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. In the present case, prima facie, the District Court at Amritsar has the jurisdiction to entertain and try the application under Section 25 of the Act, as the minors are residing with her mother at Amritsar.

¶22

Considering the facts that the applicant alongwith her minor children, is residing at the mercy of her old parents at Amritsar; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising two minor children, to attend the court proceedings at Gurdaspur, which is at a distance of 100 Kms. In a petition filed by the husband, primarily the convenience of the wife is to be seen. Therefore, in my opinion, the balance of convenience is in favour of the wife, the applicant. Vide order of even date passed in TA No.202 of 2010, this Court has has transferred the petition under Section 9 of the Hindu Marriage Act, 1955, filed by the husband-respondent against the applicant to Amritsar. Accordingly, the present application deserves to be allowed.

¶23

In view of the above, the instant transfer application is allowed, petition under Section 25 of the Act, titled as ‘Tejinderpal Singh vs. Jagir Kaur' is withdrawn from the Court of learned Guardian Judge/ Additional Civil Judge (Senior Division), Gurdaspur, and is transferred to the court of competent jurisdiction at Amritsar. The complete record pertaining to the case in question shall be sent by the trial Court at Gurdaspur, to the learned District Judge, Amritsar, within two weeks from the date of receipt of a

¶24

TA No.163 of 2010

¶25

¶26

copy of this order. The learned District Judge, Amritsar will entrust it to any Court of competent jurisdiction at Amritsar.

¶27

The parties shall appear before the Court of learned District

¶28

Judge, Amritsar, on 18.2.2012 at 10 AM.

¶29

10.01.2012 gsv

¶30

(JITENDRA CHAUHAN) JUDGE

Jagir Kaur v. Tejinder Pal Singh

Case brief

What is this about?

What did the court decide?

Jagir Kaur v. Tejinder Pal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sukhchain Singh Vs State of Punjab

Shiv Dayal Vs Rakesh and Ors.

Ami Chand Vs Rakesh and Ors.

Jagir Kaur Vs Tejinderpal Singh

Neha Anand Vs Rahul Anand etc.

Manju Gulati Vs Umesh Gulati @ Toni