TA No.179 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.179 of 2011 Date of decision : 26.04.2011 Inderjeet Kaur ...Applicant Versus Tejpal Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Rajiv Joshi, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- wife under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Tejpal Singh Vs. Inderjeet Kaur’, filed by the respondent under Section 8 of the Guardians and Wards Act (for short `the Act'), from the Court of learned Additional Civil Judge (Sr. Divn.), Rajpura, to the Court of competent jurisdiction at Jalandhar. 2. Nobody has caused appearance on behalf of the respondent despite service. Accordingly, the respondent is proceeded against ex parte. 3. A perusal of the record would reveal that earlier also, this Court, vide order dated 28.09.2010, transferred the petition under TA No.179 of 2011 2 Section 13 of the Hindu Marriage Act, filed by the respondent. However, after the aforesaid order, the respondent got the same dismissed for non-prosecution and subsequently moved an application for revival of the same. Now, the respondent has filed the present petition under Section 8 of the Act. 4. The applicant-wife is residing at Jalandhar. The respondent-husband filed petition under Section 8 of the Act, which is pending before the learned Additional Civil Judge (Sr. Divn.), Rajpura, District Patiala. It would certainly be difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her minor daughters, to attend the court proceedings at Rajpura, District Patiala. 5. As per Section 9 of the Guardians and Wards Act, an application with respect to the guardian of the person of the minor, shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. Prima facie, the District Courts at Jalandhar have the jurisdiction to entertain and try the application under Section 25 of the Act. 6. In view of the above, the instant transfer application is allowed and the petition under Section 8 of the Act titled as ‘Tejpal Singh Vs. Inderjeet Kaur’ is withdrawn from the Court of learned Additional Civil Judge (Sr. Divn.), Rajpura, and is transferred to the Court of competent jurisdiction at Jalandhar. The entire record pertaining to the petition under Section 8 of the Act, shall be sent by the trial Court at Rajpura to the learned District Judge, Jalandhar, within TA No.179 of 2011 3 three weeks. 7. The parties shall appear before the Court of learned District Judge, Jalandhar, on 26.05.2011. 26.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No