TA No.401 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.401 of 2011 Date of decision : 14.09.2011 Karamjit Kaur ...Applicant Versus Jagjit Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Rajesh Bhatheja, 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 ‘Jagjit Singh Vs. Karamjit Kaur’, filed by the respondent under Section 25 of the Guardians and Wards Act (for short `the Act'), from the Court of learned Additional Civil Judge, Sr. Divn.-cum-Guardian Judge, Ludhiana, to the Court of competent jurisdiction at Moga. 2. A perusal of the record would reveal that after having been ousted from the matrimonial home, the applicant-wife is residing at Moga at the mercy of her parents. The respondent-husband filed petition under Section 25 of the Act, which is pending before the TA No.401 of 2011 2 learned Additional Civil Judge (Sr. Divn.)-cum-Guardian Judge, Ludhiana. It would certainly be difficult for the wife, living at the mercy of her parents, having no independent source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Ludhiana. 3. 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. In the present case, prima facie, the District Court at Moga has the territorial jurisdiction to entertain and try the application under Section 25 of the Act. 4. In view of the above, the instant transfer application is allowed and the petition under Section 25 of the Act titled as ‘Jagjit Singh Vs. Karamjit Kaur’ is withdrawn from the Court of learned Additional Civil Judge, Sr. Divn., Ludhiana, and is transferred to the Court of competent jurisdiction at Moga. The entire record pertaining to the petition under Section 25 of the Act, shall be sent by the trial Court at Ludhiana, to the learned District Judge, Moga, within three weeks, who will either himself dispose it of or entrust it to some other Court of competent jurisdiction. 5. The parties shall appear before the Court of learned District Judge, Moga, on 15.10.2011. 14.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE TA No.401 of 2011 3 Note : Whether to be referred to Reporter ? Yes / No