TA No. 573 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 573 of 2011 Date of decision: 16.12.2011 Sarabjit Kaur ..Applicant Versus Jagminder Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Ranjan Lohan, Advocate for the applicant. Respondent exparte. 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 ‘Jagminder Singh Vs. Sarabjit Kaur’, filed by the respondent under Section 6 of the Hindu Minority and Guardianship Act read with Section 7, 8 and 25 of the Guardian and Wards Act. (Annexure P-4)from the Court of learned Additional Civil Judge, Senior Division-cum-Guardian Judge, Amritsar, to the Court of competent jurisdiction at Chandigarh. 2. Despite service, none has caused appearance on behalf of the respondent. Accordingly, he is proceeded against ex parte. 3. A perusal of the file reveals that the applicant has filed a petition under Section 125 Cr.P.C., which is pending in the Court of Judicial Magistrate, Ist Class, UT, Chandigarh. It has been averred that the applicant has no means of livelihood for her and her minor son, who is wholly dependent upon her. Applicant also filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005. She is unable to attend the court at Amritsar which is about more than 200 Kms from the TA No. 573 of 2011 2 Chanidgarh. 4. Sarabjit Kaur, the applicant-wife, is residing at Chandigarh. The respondent-husband has filed the petition (Annexure P-4) for the custody of the minor son born out of the wedlock between the parties at Amritsar. It would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Amritsar. 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 Court at Chandigarh has the jurisdiction to entertain and try the present petition. 6. In view of the above, the instant transfer appllication is allowed and the petition titled as ‘Jagminder Singh Vs. Sarabjit Kaur’, (Annexure P-4) is withdrawn from the Court of learned Additional Civil Judge, Senior Division-cum-Guardian Judge, Amritsar, and is transferred to the Court of competent jurisdiction at Chandigarh. The entire record pertaining to the petition (Annexure P-4) shall be sent by the trial Court at Amritsar to the learned District Judge, Chandigarh, within three weeks, who will either disposed of himself or entrust it to any other competent Court of jurisdiction. 7. The parties shall appear before the Court of Competent jurisdiction at Chandigarh on 28.1.2012 at 10.00 AM. December 16, 2011 (JITENDRA CHAUHAN) Poonam (II) JUDGE