1/2 S.B.CIVIL MISC. TRANSFER APPLICATION NO.9/2008 (Smt.Kusum Lata Goyal vs. Nand Kishore Goyal) DATE OF ORDER : 4/9/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.C.P.Soni, for the appellant. Mr.Kailash Trivedi, for the respondent. Heard learned counsels. This transfer application has been filed by the petitioner wife seeking transfer of proceedings in CM No.20/08 and 21/2008 for interim custody pending before the District Judge, Pali by which the custody and guardianship of the children was claimed by the respondent husband. Learned counsel for the petitioner wife submits that as per Section 9 of the Guardians and Wards Act, 1890 the application would lie before the Court where the minor children ordinarily reside. Since the children are living with the petitioner wife at Jodhpur, therefore, according to Section 9 of the Act, the Jodhpur Family Court shall have the jurisdiction. Learned counsel for the petitioner further submitted that proceedings under Section 13 of the Hindu Marriage Act as well as maintenance proceedings under Section 125 Cr.P.C. are also pending at Jodhpur, therefore, proceedings instituted by respondent husband at Pali deserve to be 2/2 transferred to Jodhpur. There appears to be no serious objection from the side opposite. Accordingly, this transfer application is allowed. The proceedings of CM No.20/2008 and 21/2008 for interim custody pending before the District Judge, Pali are directed to be transferred to Family Court, Jodhpur. (DR.VINEET KOTHARI), J. item no.85 baweja/-