Transfer Application No.159 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No.159 of 2007 Date of Order: 09.09.2008 Kavita ...Applicant Versus Surat Singh ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Vikram Punia, Advocate for the applicant. RAJIVE BHALLA, J (Oral). The applicant, by way of this transfer application prays for transfer of a petition filed under Section 9 of the Hindu Marriage Act, 1955 and a petition under Section 25 of the Guardians and Wards Act, 1890 from the Courts of Gurgaon to a Court of competent jurisdiction at Sonepat. Counsel for the applicant submits that as per Section 9 of the Guardians and Wards Act, 1890, a petition for guardianship of the custody of a minor has to be filed at the place where the minor ordinarily resides. In this case the minor resides with the applicant-mother and guardian at Sonepat. It is further submitted that the respondent has a history of physical violence towards the applicant. FIR No. 469, dated 22.12.2006 was registered against the respondent, under Sections 324, 506 of the Indian Penal Code at Police Station Sohna, District Gurgaon, for injuries inflicted upon the applicant. Another complaint of physical violence was lodged, by the applicant against respondent on 18.04.2007 at Police Station Nanak Pura, Delhi. The applicant has filed a complaint under Sections 498-A, 406, 506 of the IPC, where in pursuant to directions issued under Section 156(3) of the Cr.P.C., a FIR No.208 dated 19.09.2007 has been registered at Police Station Murthal, District Sonepat. Transfer Application No.159 of 2007 -2- The applicant has also filed an application under Section 125 Cr.P.C. at Sonepat. It is submitted that as a counter to the aforementioned cases, the husband has now filed a petition under Section 9 of the Hindu Marriage Act praying for restitution of conjugal rights and a petition under Section 25 of the Guardians and Wards Act, 1890 at Gurgaon. It is, therefore, prayed that the petition filed under Section 9 of the Hindu Marriage Act and the petition filed under Section 25 of the Guardians and Wards Act, 1890 be transferred to Sonepat. Despite service, no one has put in appearance on behalf of the respondent. It appears that the respondent does not want to oppose this application. I have heard counsel for the applicant and perused the paper book. The applicant's apprehensions of physical harm appear to be genuine and not a mere ruse to seek transfer of these cases. The FIRs registered at Sohna and Delhi disclose allegations of physical violence and it is alleged by the applicant, that the incident narrated in the FIR registered at Sohna lead to the fracture of her arm. The applicant has filed an application under Section 125 Cr.P.C. at Sonepat. An FIR under Sections 406,498-A and 506 of the I.P.C. is pending trial before the Court at Sonepat. Even otherwise, Section 9(1) of the Guardians and Wards Act, 1890 provides that an application for guardianship of the person of a minor, shall be made to the District Judge having jurisdiction in the place where the minor ordinarily resides. The minor resides at Sonepat with the applicant-mother. The petition under Section 25 of the Guardians and Wards Act should, therefore, have been filed at Sonepat. In view of what has been stated herein above, the application is allowed, the petition filed under Section 9 of the Hindu Marriage Act, 1955 and the petition under Section 25 of the Guardians and Wards Act, 1890, Transfer Application No.159 of 2007 -3- pending in the Court of District and Sessions Judge, Gurgaon are transferred to the Court of District and Sessions Judge, Sonepat. The District and Sessions Judge, Gurgaon, shall forthwith forward the files of the cases titled as “Surat Singh v. Smt. Kavita” filed under Section 9 of the Hindu Marriage Act, 1955 and Section 25 of the Guardians and Wards Act, 1890, respectively to the Court of District and Sessions Judge, Sonepat, who shall upon receipt of the file either deal with the matter himself or transfer it to a Court of competent jurisdiction at Sonepat. Parties are directed to appear before the Court of District and Sessions Judge, Sonepat, on 16.10.2008. September 9, 2008 (RAJIVE BHALLA) nt JUDGE