TA No.158 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.158 of 2011 Date of decision : 05.05.2011 Gloria ...Applicant Versus Bhupinder Kumar ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Harsh Kinra, Advocate, for the applicant. Mr. Rajesh Lamba, 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 ‘Bhupinder Kumar Vs. Gloria’, filed by the respondent under Section 7 read with Section 25 of the Guardians and Wards Act, 1890 (for short `the Act'), from the Court of learned District Judge, Family Court, Faridabad, to the Court of competent jurisdiction at Rohtak. 2. I have heard the learned counsel for the parties and perused the record. A perusal of the file would reveal that the applicant-wife is TA No.158 of 2011 2 residing at Rohtak. The respondent-husband filed petition under Section 7 read with Section 25 of the Act, which is pending before the learned District Judge, Family Court, Faridabad. 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 son, to attend the court proceedings at Faridabad. 5. 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 Rohtak have the jurisdiction to entertain and try the application under Section 25 of the Act. 6. In view of the above, the instant transfer application is allowed and the petition under Section 7 read with Section 25 of the Act titled as ‘Bhupinder Kumar Vs. Gloria’ is withdrawn from the Court of learned District Judge, Family Court, Faridabad, and is transferred to the Court of competent jurisdiction at Rohtak. The entire record pertaining to the petition under Section 13 of the Act, shall be sent by the trial Court at Faridabad to the learned District Judge, Rohtak, within three weeks. 7. The parties shall appear before the Court of learned District Judge, Rohtak, on 04.06.2011. 05.05.2011 (JITENDRA CHAUHAN) atulsethi JUDGE TA No.158 of 2011 3 Note : Whether to be referred to Reporter ? Yes / No