TA No.560 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.560 of 2010 Date of decision : 23.03.2011 Anu Sharma alias Manju ...Applicant Versus Randhir ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Narinder Sharma, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. Anu Sharma alias Manju, the applicant-wife has preferred the instant application under Section 24 of the Code of Civil Procedure, praying for transfer of the petition under Section 25 of the Guardians and Wards Act, 1890, read with Section 6 of the Hindu Minority & Guardianship Act, 1956 (Annexure A-1), titled as ‘Randhir Vs. Manju’, filed by the respondent, from the Court of learned District Judge, Karnal, to the Court of competent jurisdiction at Patiala. 2. Nobody has caused appearance on behalf of the respondent despite service. Accordingly, the respondent is proceeded against ex parte. 3. A perusal of the record would reveal that the applicant has filed a petition under Section 13 of the Hindu Marriage Act, 1955, against the respondent, which is pending adjudication before the TA No.560 of 2010 2 learned District Judge, Patiala. 4. The applicant-wife is residing at Patiala. The respondent- husband filed petition (Annexure A-1), which is pending before the learned District Judge, Karnal. 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 three minor daughters, to attend the court proceedings at Karnal. 5. As per Section 9 of the Guardian 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 Patiala have the jurisdiction to entertain and try the application under Section 25 of the Act. Accordingly, the petition (Annexure A-1) filed by the respondent titled as ‘Randhir Vs. Manju’, pending in the Court of learned District Judge, Karnal, deserves to be transferred to Patiala. 6. In view of the above, the instant transfer application is allowed and the petition (Annexure A-1) titled as ‘Randhir Vs. Manju’ is withdrawn from the Court of learned Guardian Judge, Karnal, and is transferred to the Court of competent jurisdiction at Patiala. The entire record pertaining to the petition (Annexure A-1), shall be sent by the trial Court at Karnal to learned Guardian Judge, Patiala, within three weeks. 7. The parties shall appear before the Court of learned District Judge, Patiala, on 23.04.2011. 23.03.2011 (JITENDRA CHAUHAN) TA No.560 of 2010 3 atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No