C.R. 4954 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. 4954 of 2009 Date of decision:- 30.10.2009 Richa Kalra petitioner vs Attal Parkash Respondent Present: Mr. Rajesh Punj, Advocate Ms. Rachna Arora, Advocate for Mr.Amar Vivek, Advocate. 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? M.M.S.BEDI,J. Vide impugned order dated 8.5.2009, the Guardian Judge, Chandigarh has dismissed the application filed by the petitioner- wife for return of the petition on the ground that u/s 9 of the Guardian and Wards Act ( for short 'the Act'), the Guardian Judge at Chandigarh does not have jurisdiction to entertain the application for guardianship or for interim custody of the child. Besides this, by virtue of the same order, an application filed by the respondent- husband for interim relief has been allowed and a direction has been given to the petitioner- wife to produce the child on every first Saturday of each month at 2 PM during working hours. Aggrieved by the above said order, the petitioner- wife has challenged the order dated 8.5.2009. The main grievance of the learned counsel for the petitioner- wife is that the child is residing at Jalandhar and the said fact is admitted by the respondent, as such the application u/s 12 C.R. 4954 of 2009 2 of the Act for interim relief and the petition u/s 7/8/25 of the Act read with Section 6 of the Hindu Minority and Guardianship Act is not maintainable at Chandigarh. It is pertinent to observe here that the respondent-husband has fairly conceded that the child is ordinarily residing at Jalandhar and that he has got no objection in case the petition, filed by him, under the Act along with interim relief application is transferred to Jalandhar provided he is given the visitation right, as granted by the Guardian Judge, Chandigarh. It has been prayed that the respondent may be given at least two opportunities to meet the child at Jalandhar. In view of the circumstances, mentioned herein above, and taking into consideration the provisions of Section 9 of the Act, a direction is issued that the Guardian Judge, Chandigarh will return the petition u/s 7/8/25 of the Act and Section 6 of the Hindu Minority and Guardianship Act along with the application for interim relief of visitation right to enable the respondent to submit the same before the Guardian Judge at Jalandhar.It will be open to the respondent to pray for the visitation right, in his petitioin, after its transfer to Jalandhar. The Guardian Judge, Jalandhar will consider the application for visitation right. It will also be open to the respondent to withdraw the petition under the Act and file a fresh similar petition before the Guardian Judge at Jalandhar. In case the petition is returned, the Guardian Judge, Chandigarh will give a specific date to the parties to appear before the Guardian Judge at Jalandhar. With the above observations, the revision petition stands disposed of. October 30 ,2009 (M.M.S.BEDI) TSM JUDGE