TA No.120 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.120 of 2011 Date of decision : 29.04.2011 Usha alias Rani ...Applicant Versus Manjit Singh ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Karan Bhardwaj, Advocate for the applicant. Mr. Baljinder Singh Sra, 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 ‘Manjit Singh Vs. Rani alias Usha’, filed by the respondent under Section 25 of the Guardians and Wards Act, 1890 (for short `the Act'), from the Court of learned Guardian Judge, Amritsar, to the Court of competent jurisdiction at Ferozepur. 2. Learned counsel for the applicant submits that there is a history of torture and harassment of the applicant at the hands of the respondent. There is averment in the application that the respondent tried to assault the applicant and she had to be hospitalized. It is TA No.120 of 2011 2 further sumitted that there is no male member in the family and the applicant is at the mercy of her old mother, who herself is a widow. 3. The learned counsel for the respondent, on the other hand, contends that it was the respondent who was assaulted by the family members of the applicant and he had also made a complaint in this regard to the Inspector General of Police, Boarder Range, Abohar. He further contends that another petition filed by the respondent under Section 13 of the Act is prior in time. 4. I have heard the learned counsel for the parties. 5. The applicant-wife is residing at Ferozepur. The respondent-husband filed petition under Section 25 of the Act, which is pending before the learned Guardian Judge, Amritsar. 6. Though the petition under Section 13 of he Act is prior in time, yet the fact remains that the applicant is not having any resources to defend her case at Amritsar, there is no male member in the family to accompany her and the distance between both the towns is more than 240 kms. The applicant is also raising her two minor children, one being with the respondent. 7. In Transfer Application No.124 of 2011, this Court transferred the petition under Section 13 of the Hindu Marriage Act, titled as ‘Manjit Singh Vs. Rani alias Usha’ from Amritsar to Ferozepur, vide order of even date. 8. 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 TA No.120 of 2011 3 where the minor ordinarily resides. Prima facie, the District Courts at Ferozepur have the jurisdiction to entertain and try the application under Section 25 of the Act. 9. In view of the above, the instant transfer application is allowed and the petition under Section 25 of the Act titled as ‘Manjit Singh Vs. Rani alias Usha’ is withdrawn from the Court of learned Guardian Judge, Amritsar, and is transferred to the Court of competent jurisdiction at Ferozepur. The entire record pertaining to the petition under Section 25 of the Act, shall be sent by the trial Court at Amritsar, to the learned District Judge, Ferozepur, within three weeks, who will either dispose it of himself or entrust it to any other Court of competent jurisdiction. 10. The parties shall appear before the Court of learned District Judge, Ferozepur, on 28.05.2011. 29.04.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No