Shimon Massey Vs Meera — Punjab & Haryana HC (2025) — LawSathi Research

Shimon Massey Vs Meera — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer declined; the transfer application was disposed of with liberty to the applicant to make appearance before the court concerned and file an appropriate application, upon which that court shall consider Section 21 of CPC and pass a specific order on territorial jurisdiction after examining whether there is failure of justice.

Issue for consideration

Whether the transfer application should be allowed, i.e., whether the guardianship petition under Section 25 of the Guardian and Wards Act (GW/28/2023, 'Shimon Massey v/s Meera'), pending in the Family Court, Ludhiana, should be transferred to the Court of competent jurisdiction at Malerkotla.

Court's answer

In view of the aforesaid factual position, no case is made out for allowing the transfer application.

Ratio / Principle

Since the respondent had never appeared, the entire evidence had already been recorded and the case was at the arguments stage, transfer of the case at this stage would cause undue delay vis-a-vis disposal of the case.

Key takeaways

It is a settled position of law that, as per Section 21 of CPC, no objection relating to the place of suing shall be taken where the matter is pending at first instance except at the earliest possible opportunity; in all cases it should be taken at or before settlement of issues; and only where there has been consequent failure of justice.ratio¶25
Liberty is given to the applicant to make appearance before the court concerned and file an appropriate application; upon such filing, the court concerned, while considering the provision of Section 21 of CPC and taking into account whether there is failure of justice or not, shall pass a specific order with regard to the territorial jurisdiction.ratio¶34

Detailed headnote1 paragraphs

Punjab and Haryana High Court at Chandigarh (Archana Puri, J., oral) — TA-84-2025, decided 11.09.2025 — Transfer Application — Guardian and Wards Act, Section 25 — CPC, Section 21 — Territorial jurisdiction. The applicant/father sought transfer of his guardianship petition under Section 25 of the Guardian and Wards Act (GW/28/2023, 'Shimon Massey v/s Meera') from the Family Court, Ludhiana — his place of residence — to the Court of competent jurisdiction at Malerkotla, where the children are residing (Mandi Ahmedgarh, District Malerkotla). The respondent had never joined the Ludhiana proceedings; the case already stood ex parte with the entire evidence recorded and was fixed for arguments; in the present application too, the respondent, despite service, did not appear and was proceeded against ex parte. Recalling the settled position under Section 21 CPC — that an objection relating to the place of suing must be taken at the earliest possible opportunity/at or before settlement of issues and only where there is consequent failure of justice — and noting that no party remained on the other side to raise the jurisdictional question and that transfer at that stage would cause undue delay vis-a-vis disposal, the Court held that no case was made out for allowing the transfer application and disposed of it, granting the applicant liberty to appear before the court concerned and file an appropriate application, whereupon that court, considering Section 21 CPC and the presence or absence of failure of justice, was to pass a specific order on territorial jurisdiction.