Allowed¶21

Kuldeep Singh through Special Power of Attorney v. General Public and Another

Punjab & Haryana HC3 Sept 2025TA/531/2025

Case brief

AI extract

What is this about?

Transfer application allowed; Section 7 Guardians and Wards Act petition GW-7-2024 moved from Family Court Gurdaspur to Amritsar; minor child resident in Amritsar with uncle; applicant Kuldeep Singh in United Kingdom seeking appointment as legal guardian; respondent No.2 raised no objection; transfer without prejudice to merits; parties to appear before Family Court Amritsar within one month.

What did the court decide?

Transfer of petition GW-7-2024 ('Kuldeep Singh vs. General Public and another') under Section 7 of the Guardians and Wards Act from the Family Court, Gurdaspur to the Court of competent jurisdiction at Amritsar; record to be sent to District and Sessions Judge, Amritsar; parties to appear before the Family Court, Amritsar within one month. ¶21

Kuldeep Singh through Special Power… — Child Custody and Guardianship | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the pending petition under Section 7 of the Guardians and Wards Act (No.GW-7-2024, 'Kuldeep Singh vs. General Public and another') should be transferred from Gurdaspur to the Court of competent jurisdiction at Amritsar.

¶15

Court's answer

Without prejudice to the rights to be adjudicated on merits, the transfer application is allowed and the petition under Section 7 of the Guardians and Wards Act (No.GW-7-2024) stands transferred from the Family Court, Gurdaspur to the Court of competent jurisdiction at Amritsar.

¶21

Ratio / Principle

The requisite record is to be sent by the Family Court, Gurdaspur to the District and Sessions Judge, Amritsar, who shall assign the petition to the Family Court, Amritsar; the parties are directed to appear before the Family Court, Amritsar within one month.

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Detailed headnote1 paragraphs

Punjab and Haryana High Court (Archana Puri, J.) allowed transfer application TA-531-2025 (O&M) and transferred the guardianship petition under Section 7 of the Guardians and Wards Act (No.GW-7-2024, 'Kuldeep Singh vs. General Public and another') from the Family Court, Gurdaspur to the Court of competent jurisdiction at Amritsar. The transfer was supported by counsel for respondent No.2 raising no objection, and by the assertions that the child resides in Amritsar with his uncle and studies at Ray One International Senior Secondary School, Hurrian Road, Majitha, Amritsar, while the applicant resides in the United Kingdom and intends to take the child with him. The transfer was expressly made without prejudice to the rights to be adjudicated on merits. The Family Court, Gurdaspur was directed to send the requisite record to the District and Sessions Judge, Amritsar, who shall assign the petition to the Family Court, Amritsar, where the parties were directed to appear within one month.

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

219

¶3

TA-531-2025 (O&M) Date of Decision: September 03, 2025

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Kuldeep Singh through special power of attorney Major Singh

¶5

....Applicant

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Versus

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General Public and another

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.....Respondents

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CORAM: HON'BLE MRS. JUSTICE ARCHANA PURI

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Present:Mr.Lovish Rattan, Advocate for the applicant.

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Mr.Surinder Sharma, Advocate for respondent No.2.

¶12

¶13

ARCHANA PURI, J.

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Mr.Ajay S.Dhiman, Advocate has filed Power of Attorney on behalf of respondent No.2 and submits that he has no objection, if the transfer application is accepted.

¶15

The applicant has filed the present application for seeking transfer of the petition under Section 7 of the Guardians and Wards Act, bearing No.GW-7-2024 titled ‘Kuldeep Singh vs. General Public and another’, which was filed at first instance in Gurdaspur and now, he seeks transfer of the same to the Court of competent jurisdiction at Amritsar.

¶16

The child is already residing in Amritsar with his uncle and now studying in Ray One International Senior Secondary School, Hurrian

¶17

VINEET GULATI 2025.09.05 10:43 I attest to the accuracy and authenticity of this document Chandigarh

¶18

TA-531-2025

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-2-

¶20

Road, Majitha, Amritsar. Also, it is asserted in the application that the applicant is himself residing in United Kingdom and he intends to take his child along with him, for which purpose, he had applied for her VISA, which was declined and on this account, he is seeking appointment of himself as legal guardian of the child and the petition, as such was filed erroneously at Gurdaspur, though, it was to be filed at Amritsar, the place where the child is residing.

¶21

In view of the aforesaid assertions and statement made by learned counsel for respondent No.2, without prejudice to the rights to be adjudicated on merits, the transfer application is allowed and the petition under Section 7 of the Guardians and Wards Act, bearing No.GW-7-2024 titled ‘Kuldeep Singh vs. General Public and another’, stands transferred from the Family Court, Gurdaspur to the Court of competent jurisdiction at Amritsar. The requisite record of the aforesaid case be sent by the Family Court, Gurdaspur, to District and Sessions Judge, Amritsar.

¶22

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

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September 03, 2025 Vgulati

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(ARCHANA PURI) JUDGE

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Whether speaking/reasoned Whether reportable

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Yes Yes/No

¶27

VINEET GULATI 2025.09.05 10:43 I attest to the accuracy and authenticity of this document Chandigarh

Kuldeep Singh through Special Power of Attorney v. General Public and Another

Case brief

What is this about?

What did the court decide?

Kuldeep Singh through Special Power of Attorney v. General Public and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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