Allowed

Jaspreet Kaur v. Kulwinder Singh

Punjab & Haryana HC4 Sept 2013TA/310/2013

Case brief

AI extract

What is this about?

Allowed a transfer application under Section 24 CPC to move a Section 25 Guardian and Ward petition from Bathinda to Faridkot, considering the minor child's residence and pending proceedings in Faridkot. Ordered withdrawal of the original petition and transfer to the District Court at Kotkapura, Faridkot.

What did the court decide?

Petition allowed; Section 25 Guardianship petition withdrawn from Bathinda and transferred to District Court, Kotkapura, Faridkot.

Jaspreet Kaur Vs Kulwinder Singh — Child Custody and Guardianship | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.09.06 09:37I attest to the accuracy and integrity of this document High Court Chandigarh

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TA 310/2013 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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TA 310/2013 (O&M) Date of decision: 4.9.2013

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Jaspreet Kaur

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.............Petitioner

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Kulwinder Singh

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr. Vinod Bhardwaj, Advocate for the petitioner. Mr. P.K.S Phoolka, Advocate for the respondent.

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Jaswant Singh,J(Oral)

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Petitioner wife has filed the present transfer application under Section 24 CPC for the transfer of petition filed by respondent husband under Section 25 of Guardian and Ward Act, 1890 ( for short “the Act”) titled Kulwinder Singh Vs. Jaspreet Kaur from the Court of learned Civil Judge (Sr. Division), Bathinda to the Court of competent jurisdiction at Faridkot.

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It is stated that the marriage between the parties was solemnized on 18.2.2009 in Kotkapura, District Faridkot. Parties cohabited as husband and wife at Bathinda. Due to dowry demand, it is alleged that the petitioner was turned out of the matrimonial home at Bathinda. Petitioner is stated to be residing separately at her parental home at Kotkapura, District Faridkot, where she has delivered a baby girl. She has also filed three proceedings namely (i) FIR under Sections 406/498-A IPC (ii) petition under Section 13 of the Act and

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#2#

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TA 310/2013 (O&M)

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(iii) petition under Section 125 Cr.P.C, which are pending at Faridkot. Thereafter, the respondent husband filed a petition under 25 of the Act, which is now pending in the Court of learned Civil Judge (Sr. Division), Bathinda.

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Learned counsel for the petitioner submits that it is extremely inconvenient for the petitioner to pursue the litigation at Bathinda, which is which is about 70 kms away from Faridkot. He further relies on the provisions of Sub Section (1) of Section 9 of the Guardian and Wards Act, 1890 (for short “the Act”), which provide that the application in respect of the guardianship of the person of the minor has to be made before a court having jurisdiction, where the minor ordinarily resides.

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Heard learned counsel for the parties.

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In the context of provisions of aforesaid Section 9(1) of the Act that minor child is residing at Faridkot and taking into account the fact that three proceedings are already pending at Faridkot, the present petition is allowed and the petition under Section 25 of the Act titled as Kulwinder Singh Vs. Jaspreet Kaur from the Court of learned Civil Judge (Sr. Division), Bathinda is ordered to be withdrawn and transferred to the District Courts, Kotkapura, District Faridkot for disposal in accordance with law from the stage of withdrawal.

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( JASWANT SINGH ) JUDGE

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September 04, 2013 manoj

Jaspreet Kaur v. Kulwinder Singh

Case brief

What is this about?

What did the court decide?

Jaspreet Kaur v. Kulwinder Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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