TA No.152 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.152 of 2011 Date of decision : 27.04.2011 Preeti Bala ...Applicant Versus Sandeep Wadhwa ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. R.C. Sharma, Advocate for the applicant. Mr. Preteek Pandit, Advocate, for the respondent. 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 ‘Sandeep Wadhwa Vs. Preeti Bala’, filed by the respondent under Section 10 of the Guardians and Wards Act (for short `the Act'), from the Court of learned Guardian Judge, Kapurthala, to the Court of competent jurisdiction at Phillaur, Distt. Jalandhar. 2. The learned counsel for the applicant contends that the petition under Section 125 Cr.P.C. and the complaint, on the basis of which FIR No.73 dated 17.07.2010, has been registered at Police TA No.152 of 2011 2 Station Goraya, Tehsil Phillaur, Distt. Jalandhar, are prior in time. The petition under Section 10 of the Act has been subsequently filed by the respondent at Kapurthala, with a view to harass the applicant. 3. The learned counsel for the respondent has strenuously opposed the prayer on the ground that the applicant herself left the matrimonial home and falsely roped the respondent in the FIR under Section 406, 498-A, IPC. 4. I have heard the learned counsel for the parties and perused the record. 5. The applicant-wife is residing at Phillaur, Distt. Jalandhar. The respondent-husband filed petition under Section 10 of the Act, which is pending before the learned Guardian Judge, Kapurthala. 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 children, to attend the court proceedings at Kapurthala. 6. In Transfer Application No.144 of 2011, this Court transferred the petition under Section 9 of the Hindu Marriage Act, titled as ‘Sandeep Wadhwa Vs. Preeti Bala’ from Kapurthala to Phillaur, vide order of even date. 7. 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 TA No.152 of 2011 3 under Section 10 of the Act. 8. In view of the above, the instant transfer application is allowed and the petition under Section 10 of the Act titled as ‘Sandeep Wadhwa Vs. Preeti Bala’ is withdrawn from the Court of learned Guardian Judge, Kapurthala, and is transferred to the Court of competent jurisdiction at Jalandhar. The entire record pertaining to the petition under Section 10 of the Act, shall be sent by the trial Court at Kapurthala, to the learned District Judge, Jalandhar, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction. 9. The parties shall appear before the learned District Judge, Jalandhar, on 27.05.2011. 27.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No