TA No.150 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.150 of 2010 Date of decision :20.4.2011 Hardeep Kaur ...Applicant Versus Captain Arjun Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr.Naveen Sharma, Advocate, for the applicant. None for the respondent. **** JITENDRA CHAUHAN, J. The applicant seeks transfer of the application under Section 6 of the Hindu Minority and Guardian Ship Act read with Section 25 of Guardian and Wards Act, 1890 (for short `the Act') filed by the respondent (father-in-law of the applicant) from the trial Court at Amritsar to the court of competent jurisdiction at Ludhiana. Learned counsel for the applicant submits that the application under Section 6 of the Act has been filed by the respondent for custody of his grandson born out of the wedlock from the applicant and his son. He further submits that though the son of the respondent is in India but the application in question has been moved by the respondent. TA No.150 of 2010 2 It has also been submitted that the respondent is facing trial under Section 406/498-A/323/34 IPC at Ludhiana in which the applicant is the complainant. I have heard the learned counsel for the applicant. The applicant is a resident of Ludhiana. She is Graduate and her minor son is studying in D.A.V. Public School at Ludhiana. In the fact situation, the interest of the child can be better watched by the mother. Otherwise also when the father of the son is present, it will not be desirable to entrust the custody of the child to his grand-father i.e. respondent. As per Section 9 of the Guardian and Wards Act, an application with respect to the guardianship of the person of the minor, shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. In matrimonial disputes, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife, the applicant. Accordingly, the petition filed by the respondent titled `Captain Arjun Singh Vs. Hardeep Kaur' under Section 6 of the Act, pending in the Court of learned District Judge, Amritsar, deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 6 of the Act titled `Captain Arjun Singh Vs. Hardeep Kaur' is withdrawn from the Court of learned District Judge, Amritsar and is transferred to the court of competent jurisdiction at Ludhiana. File shall be sent by the trial Court at Amritsar to learned District Judge, Ludhiana, within two weeks from the date of receipt of a copy of this Order. The learned District Judge, Ludhiana will either dispose it of himself or entrust TA No.150 of 2010 3 it to the court of competent jurisdiction. The parties shall appear before the Court of District Judge, Ludhiana on 20.5.2011. 20.4.2011 (JITENDRA CHAUHAN) mk JUDGE