T.A. No. 293 of 2010 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 293 of 2010 (O&M) Date of decision: 21.9.2010 Sarabjit Kaur .. Applicant v. Yugveer .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. P. S. Dhaliwal, Advocate for the applicant. Mr. Ravish Bansal, Advocate for Mr. Ashok Singla, Advocate for the respondent. ... Rajesh Bindal J. Prayer in the present application is for transfer of the petition filed by the respondent-husband under Section 25 of the Guardians and Wards Act, 1890 for custody of minor son Gurnoor from the court of Civil Judge (Senior Division), Faridkot (Punjab) to the court of competent jurisdiction at Chandigarh. Learned counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Sikh rites on 9.2.2004 at Ludhiana. Out of the wedlock, one child, namely, Gurnoor has been born. After the marriage, the respondent never allowed her to settle in the matrimonial home. She was turned out of the matrimonial home. She filed a complaint with the police for registration of criminal case against the respondent, but during the enquiry, the respondent offered for a compromise. Thereafter, they started living together with their son. Again the respondent started maltreating the applicant and gave beating to her and son. The applicant got registered FIR under Sections 406/498-A IPC at Chandigarh. She also filed an application under Section 125 Cr.P.C. for maintenance, which is pending for adjudication at Chandigarh. She is serving as Trained Graduate Teacher in the Department of Education, Chandigarh Administration. The petition has been filed by the husband at Faridkot only to harass her. It was submitted that it is very difficult for the applicant to attend the court proceedings at Faridkot along with her minor son. There is no one in the family to accompany her to attend the court proceedings at Faridkot. Even as per the provisions of the Guardians and Wards Act, 1890, the petition for custody of the child can be filed only in the court within jurisdiction of whose the minor ordinarily resides. In the present case, the minor is residing with the applicant at T.A. No. 293 of 2010 [ 2] Chandigarh. On the other hand, learned counsel for the respondent submitted that the respondent is working as Horticulture Development Officer at Abohar. In fact, the applicant wanted him to purchase the property in her name at Ludhiana and Chandigarh. When the respondent did not accede to her demand, she started misbehaving with him. Ultimately, she left the matrimonial home along with minor son at Faridkot in the absence of the respondent. The respondent being father of the minor son is his natural guardian and is entitled to the custody of minor son. After hearing learned counsel for the applicant and considering the aforesaid facts, especially that the minor at present is residing with the applicant- mother, who is employed as Teacher at Chandigarh and further two other cases are pending at Chandigarh, it is directed that the petition for custody of the child filed by the respondent at Faridkot be transferred to Chandigarh. The parties are directed to appear before Civil Judge (Senior Division), Chandigarh on 30.10.2010 for further proceedings. The Civil Judge (Senior Division), Chandigarh may either keep the petition with him or entrust the same to any other competent court. The application stands disposed of accordingly. ( Rajesh Bindal ) Judge 21.9.2010 mk