Allowed

Priyanka v. Parveen Grover

Punjab & Haryana HC21 May 2026TA/415/2025

Case brief

AI extract

What is this about?

Transfer application filed by the mother sought transfer of her husband's custody petition from Family Court, Jind to Fatehabad, where the minor children ordinarily reside with her. The court allowed the transfer invoking Section 9 of the Guardian and Wards Act, 1890, directing records to be moved and parties to appear before the District Judge, Fatehabad.

What did the court decide?

Transfer of custody petition GW/7/2024 from Family Court, Jind to a court of competent jurisdiction at Fatehabad; record to be transferred; parties directed to appear before District Judge, Fatehabad

Priyanka Vs Parveen Grover — Child Custody and Guardianship | Punjab & Haryana HC (2026)

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Transfer Application No.415 of 20 2 5 (O & M) 1

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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235

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Transfer Application No.415 of 2025 (O & M) Date of decision :-21.05.2026

Priyanka

…..Applicant

Versus

Parveen Grover

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

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Present:Mr. Kuldeep Singh Siwach, A dvocate for the applicant.

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None for the respondent (earl i er represented by counsel on 23.4.2026).

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NIDHI GUPTA J. (Oral)

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Prayer in this Transfer Appli c ation filed by applicant is for transfer o f the petition bearing No.GW / 7/2024 filed by respondenthusband u nder Section 25 of the Guardi a n and Wards Act, 1890 read with Se c tion 6 of Hindu Minority a n d Guardianship Act, 1956 (hereinafter referred as ‘the Act’), titled “Parveen Grover vs. Priyanka” pending i n the Family Court, Jind to a Co u rt of competent jurisdiction at Fatehaba d .

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Respondent-husband has fil e d the above petition seeking custody o f the minor sons, namely, Aayus h aged 9 years and Urjit aged 7 years wh o are presently residing with the a p plicant-wife at Fatehabad. 3. Learned counsel for the applican t , inter alia, submits that: i) that the parties solemn i zed marriage on 25.2.2014.

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VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document

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Transfer Application No.415 of 20 2 5 (O & M) 2

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ii) that two male children were born out of the wedlock on 20.11.2014 and 13. 2 .2017 respectively and are in the care and custody o f the applicant-wife.

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iii) that the distance betw e en the place of residence and place of proceedings is 110 kms. (one side).

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v) that as per Section 9 o f the Guardian and Wards Act, 1890, respondent has t o file the petition for custody of the minor children w here they ordinarily reside.

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vi) That the proceedings a r ising out of petition under Section 125 Cr.P.C. bearing No.MNT/88/2024; petition filed unde r the DV Act bearing No.COMA/87/2024; a nd the FIR No.34 dated 03.9.2024 under Secti o ns 323, 406, 498-A and 506 IPC, registered at Wo m en Police Station, Fatehabad, filed by the applicant- w ife, are pending in the Courts having competent juris d iction at Fatehabad.

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vii) That a petition unde r Section 13 of the Hindu Marriage Act, filed b y the respondent-husband at Jind, has also been transferred to the Court at Fatehabad, by this Co u rt vide order of even date i.e. 21.5.2026 in TA-414- 2 025.

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I have heard learned counsel f or the applicant.

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The legal position in such li k e cases as the present one, is well esta b lished. As per Section 9 of the G uardian and Wards Act, 1890, petition f or custody is required to be f iled where the minor child ordinaril y resides. In the present case, b o th minor sons are admittedly residing w ith applicant at Fatehabad. 6. In view of the aforesaid legal position, the present Transfer Applicati o n is allowed, subject to the follo w ing conditions:-

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a) The petition bearing No. GW/7/2024 filed by respondent-husband u n der the Act, titled ‘Parveen Grover vs. Priyanka’ pending in the Family Court,

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VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document

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Transfer Application No.415 of 20 2 5 (O & M) 3

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Jind is transferred to a Court of competent jurisdiction at Fatehab a d.

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b) The ld. District Judg e , Jind is directed to transfer complete record perta i ning to the aforesaid case to District Judge, Fatehabad.

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c) The parties are directe d to appear before the District & Sessions Judge, Fat e habad on 24.6.2026.

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d) The District Judge, F a tehabad will assign the said petition to the Court o f competent jurisdiction. 7. As already noticed above, si n ce the petition is disposed of and nobo d y has turned up on behalf of res p ondent, accordingly, in these peculiar c ircumstances, in order to ens u re appearance of the parties before th e District Judge, Fatehabad on 2 4.6.2026, it is directed that a copy of t his order be sent to the respon d ent and his counsel through registere d post, besides sending a copy of this order to the District Judges concerned through e-mail. Applica n t through her counsel, present in the Co u rt, is directed to ensure her appe a rance accordingly.

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Disposed of.

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Pending application(s), if any , shall stand(s) disposed of.

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May 21, 2 026 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether s p eaking/reasoned Yes / No Whether R eportable Yes / No

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VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document

Priyanka v. Parveen Grover

Case brief

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Priyanka v. Parveen Grover

Case brief

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