Gurmitter Singh Alias Gurmitar Singh and Others Vs Gurmeet Singh

By way of filing the present petition, the petitioners who are mater n al uncle (Mama) , maternal a u nt (Mami) , maternal grandmother ( N ani) and maternal aunt (Ma u si), are seeking transfer of petition fil e d by the respondent under Se c tions 25 of the Guardian and Wards Ac t 1890 (for short-‘the Act’) bea r ing No. GW/7/2025 titled as ‘Gurmeet Singh vs. Gurmitter Singh an d others’, pending before the learned A d ditional Principal Judge, Fam i ly Court, Moonak, Sessions Division, S angrur to the Court of comp e tent jurisdiction at Assandh, Sessions D ivision, Karnal.

i) Marriage of sister o f petitioner No. 1, namely, Baljinder Kaur, was so l emnized with the respondent on 23.11.2010.

ii) One son is born o u t of the said wedlock on 19.06.2015, who is cur r ently in the care and custody of the petitioners/Mater n al Family.

RISHU KATARIA 2026.05.26 19:24 I attest to the accuracy and authenticity of this order/judgment.

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iii) As Baljinder Kaur w a s suffering from cancer, the respondent had thrown her out along with minor son from the matrimonial home in the month of November, 2023. Un f ortunately, she expired on 05.12.2023 Copy deat h certificate dated 21.12.2023 of Baljinder Kaur is A nnexure P-3. Since, then the minor child is in car e and custody of the present petitioners.

It is accordingly, prayed th a t the present petition may be allowed; a n d petition bearing No. GW/7/ 2 025 titled as ‘Gurmeet Singh vs. Gurmi t ter Singh and others’, pending before the learned Additional Principal J udge, Family Court, Moonak, Sessions Division, Sangrur be transferred to the Court of competent ju r isdiction at Assandh, Sessions Division, K arnal.

Learned counsel for the resp o ndent is unable to dispute the aforesaid submissions of learned counsel f or the petitioners; and submits that the re s pondent being father of the mi n or child had filed the aforesaid petition b e fore the learned Family Cour t , Moonak, Sessions Division, Sangrur.

The legal position in such li k e cases as the present one, is well estab l ished. As per Section 9 of t h e Act, petition for custody is required to be filed where the minor child o rdinarily resides. In the present case, min o r son admittedly residing wit h the petitioners at Assandh at Karnal.

RISHU KATARIA 2026.05.26 19:24 I attest to the accuracy and authenticity of this order/judgment.

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it appropr i ate to allow the present peti t ion, subject to the following conditions : -

a) The petition bearing No. GW/7/2025 titled as ‘Gurmeet Singh vs. G urmitter Singh and others’, pending before the lear n ed Additional Principal Judge, Family Court, Moona k , Sessions Division, Sangrur is transferred to the Cou r t of competent jurisdiction at Assandh, Sessions Division, Karnal.