TA No.256 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.256 of 2011 Date of decision : 12.05.2011 Gauri ...Applicant Versus Rakesh Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Deepak Arora, 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 ‘Rakesh Kumar Vs. Gauri’, filed by the respondent under Section 25 of the Guardians and Wards Act (for short `the Act'), from the Court of learned Guardian Judge, Amritsar, to the Court of competent jurisdiction at Jalandhar. 2. None 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 13.08.2010, transferred the petition under TA No.256 of 2011 2 Section 9 of the Hindu Marriage Act, filed by the respondent from Amritsar to Jalandhar. Now, the respondent has filed the present petition under Section 25 of the Act at Amritsar. The petition under Section 125 Cr.P.C. and criminal proceedings under Section 406, 498- A IPC against the respondent-husband are pending adjudication at Jalandhar. 4. 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. 5. The applicant-wife is residing at Jalandhar. The respondent-husband filed petition under Section 25 of the Act, which is pending before the learned Guardian Judge, Amritsar. 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 son, to attend the court proceedings at Amritsar. 6. In view of the above, the instant transfer application is allowed and the petition under Section 25 of the Act titled as ‘Rakesh Kumar Vs. Gauri’ is withdrawn from the Court of learned Guardian Judge, Amritsar, and is transferred to the Court of competent jurisdiction at Jalandhar. The entire record pertaining to the petition under Section 25 of the Act, shall be sent by the trial Court at Amritsar TA No.256 of 2011 3 to the learned District Judge, Jalandhar, within three weeks. 7. The parties shall appear before the Court of learned District Judge, Jalandhar, on 13.06.2011. 12.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No