Gaurav Raheja Vs Neha — Child Custody and Guardianship | Punjab & Haryana HC (2025)

Gaurav Raheja Vs Neha — Child Custody and Guardianship | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Transfer of guardianship petition GW/33/2021 ('Gaurav Raheja Vs. Neha') from the Family Court (Camp Court) Derabassi, District SAS Nagar, to the Court of competent jurisdiction at Panchkula; record to be sent to the District and Sessions Judge, Panchkula, for assignment to the Family Court, Panchkula; parties to appear before the Family Court, Panchkula within one month; pending civil miscellaneous application disposed of.

Issue for consideration

Whether the guardianship petition GW/33/2021 under Section 25 of the Guardians and Wards Act, filed by the respondent/mother and pending in the Family Court (Camp Court) Derabassi, District SAS Nagar, should be transferred to the Court of competent jurisdiction at Panchkula. +1 more

Court's answer

The transfer application is allowed: the petition under Section 25 of the Guardians and Wards Act, i.e. GW/33/2021, titled 'Gaurav Raheja Vs. Neha', filed by the respondent/mother, stands transferred from the Family Court (Camp Court) Derabassi, District SAS Nagar, to the Court of competent jurisdiction at Panchkula, taking into account the respondent's no-objection statement and the two litigations arising from the matrimonial dispute already pending in the Courts at Panchkula.

Ratio / Principle

The requisite record of the transferred case is to be sent by the Family Court (Camp Court) Derabassi to the District and Sessions Judge, Panchkula.

Key takeaways

The learned District and Sessions Judge, Panchkula, shall assign the said petition to the Family Court, Panchkula.ratio¶29
The parties are directed to appear before the Family Court, Panchkula, within a period of one month.ratio¶29
No direction can be given by this Court, while dealing with the transfer roster, to the learned Family Court to decide the guardianship petition expeditiously.ratio

Detailed headnote1 paragraphs

Transfer Application TA-1397-2025 (O&M), High Court of Punjab and Haryana at Chandigarh, decided orally by Archana Puri, J. on 15.12.2025. Applicant-father Gaurav Raheja sought transfer of the guardianship petition GW/33/2021 under Section 25 of the Guardians and Wards Act, titled 'Gaurav Raheja Vs. Neha', filed by respondent-mother Neha and pending before the Family Court (Camp Court) Derabassi, District SAS Nagar, to Panchkula. Counsel for the respondent stated she had no objection to the transfer. Noting that the applicant resides at Zirakpur, the respondent at Panchkula, and that two connected litigations — criminal trial CHI/114/2021 ('State of Haryana Vs. Gaurav Raheja') and the divorce petition — were already pending at Panchkula, the Court allowed the transfer, directed transmission of the record to the District and Sessions Judge, Panchkula, for assignment to the Family Court, Panchkula, and directed the parties to appear there within one month. The Court declined to direct expeditious disposal of the guardianship petition, holding that no such direction can be given while dealing with the transfer roster, while observing that the respondent may bring the Hon'ble Supreme Court order in the custody petition (Annexure R-1) to the notice of the Court concerned. Pending civil miscellaneous application stood disposed of.

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TA-1397-2025 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.119

TA-1397-2025 (O&M) Date of Decision: 15.12.2025

GAURAV RAHEJA

....Applicant

Versus

NEHA

.....Respondent

CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

Present:Ms. Aanchal Thakur, Advocate for the applicant.

Mr. Aniket Aggarwal, Advocate for the respondent.

ARCHANA PURI, J. (Oral)

The applicant/father has filed the present application for seeking transfer of the petition under Section 25 of the Guardians and Wards Act i.e. GW/33/2021, titled ‘Gaurav Raheja Vs. Neha’, filed by the respondent/mother (wife of the applicant), pending in the Family Court (Camp Court) Derabassi, District SAS Nagar and he seeks transfer of the same to the Court of competent jurisdiction at Panchkula.

Upon notice issued, the respondent made appearance through counsel and filed reply. However, on the last date of hearing, counsel for the respondent had stated that the respondent has no objection, if the transfer application is accepted and the guardianship petition is tranferred from the Courts at Derabassi, to the Courts at Panchkula.

Sonu 2025.12.16 10:33 I attest to the accuracy and authenticity of this document

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TA-1397-2025 (O&M)

Counsel for the parties heard.

In view of the statement given by the counsel for the respondent, it is pertinent to mention that from the contents of the transfer application, it is evident that the applicant/husband, himself is a resident of Zirakpur and the respondent/wife, is a resident of Panchkula. The trial of the criminal case bearing No.CHI/114/2021, titled ‘State of Haryana Vs. Gaurav Raheja’ , is pending in the Courts at Panchkula. Besides the same, the divorce petition filed by the respondent, is also pending in the Courts at Panchkula, wherein, the applicant is making appearance.

Counsel for the respondent has submitted that since a specific direction was given by Hon’ble Supreme Court, in the custody petition, a direction be given to learned Family Court, to decide the guardianship petition, expeditiously. However, no such direction can be given by this Court, while dealing with the transfer roster. Anyhow, the respondent always has an option to bring the order passed by Hon’ble Supreme Court, copy whereof is Annexure R-1, to the notice of the Court concerned.

Taking into consideration the statement made by the counsel for the respondent, as well as considering the fact of two litigations, arising from this matrimonial dispute, already pending in the Courts at Panchkula, the transfer application is allowed and the petition under Section 25 of the Guardians and Wards Act i.e. GW/33/2021, titled ‘Gaurav Raheja Vs. Neha’, filed by the respondent/mother (wife of the applicant), stands transferred from the Family Court (Camp Court) Derabassi, District SAS Nagar, to the Court of competent jurisdiction at Panchkula. The requisite record of the

Sonu 2025.12.16 10:33 I attest to the accuracy and authenticity of this document

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TA-1397-2025 (O&M)

aforesaid case be sent by the Family Court (Camp Court) Derabassi, to the District and Sessions Judge, Panchkula.

Learned District and Sessions Judge, Panchkula, shall assign the said petition to the Family Court, Panchkula. Even, the parties are directed to appear before the Family Court, Panchkula, within a period of one month from today onwards.

Pending civil miscellaneous application also stands disposed of.

(ARCHANA PURI) 15.12.2025 JUDGE Himanshu Vats Whether speaking/reasoned : Yes Whether reportable : Yes/No

Sonu 2025.12.16 10:33 I attest to the accuracy and authenticity of this document