IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. T.A. No.321 of 2008 (O&M) Date of Decision: 26.5.2009 Amandeep Kaur. ....... Petitioner through Shri Kanwaljit Singh, Senior Advocate with Shri G.S.Ghuman, Advocate. Versus Gurinder Singh Goraya. ....... Respondent in person. CORAM: HON'BLE MR.JUSTICE MAHESH GROVER .... 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? .... Mahesh Grover,J. This an application under Section 24 read with Section 151 of the C.P.C. for transfer of the petition under Section 25 of the Guardians and Wards Act,1890 (for short, `the Act') titled as “Gurinder Singh Goraya Verksus Mrs. Amandeep Kaur”, which has been filed by the respondent against the applicant for the custody of their minor child and is pending in the Court of Civil Judge (Senior Division), Chandigarh to any Court of competent jurisdiction at Sunam. It has been averred by the applicant that the marriage between the parties was solemnized on 1.2.2003 at Kaithal as per Hindu rites and according to Anand Karaj ceremony and out of this wedlock, one male T.A.No.321 of 2008 -2- .... child, namely, Shabad Singh was born on 1.7.2005, who is presently living with her. It has further been averred that despite the fact that sufficient dowry was given in the marriage, the behaviour of the respondent and his family members was not good and she was given beatings several times and ultimately, she was turned out of the matrimonial home in the month of September,2005 and since then, she has been living at the house of her parents. The applicant has pleaded that she has filed a petition under Section 125 of the Cr.P.C. which is pending in the Court of Sub Divisional Judicial Magistrate, Sunam, whereas the respondent, with a view to harass her and her parents, has filed a petition under Section 25 of the Act for the custody of the child and the same is pending at Chandigarh. She has further pleaded that since their son is very young and she is to take care of him, it is very difficult for her to carry the child to Court at Chandigarh on each and every date in the aforesaid petition. The applicant has averred that the distance between Sunam and Chandigarh is almost 125 Kms. and that the respondent will not suffer any prejudice if the proceedings in the petition filed under Section 25 of the Act are transferred to Sunam where the proceedings initiated by her under Section 125 of the Cr.P.C. are being contested by him. Notice of the application was given to the respondent upon which he put in appearance and moved two separate applications for temporary custody of the child for a period of ten days each, which were seriously contested by the applicant. Intensive efforts were made to reconcile the differences between the parties,but the same did not fructify into any positive settlement T.A.No.321 of 2008 -3- .... leaving the Court with no other option but to hear the transfer petition on merits. I have heard the learned counsel for the applicant and the respondent in person, who contended that the Court at Sunam would have no jurisdiction to try the petition under Section 25 of the Act which has been filed by him. Having regard to the facts and circumstances of the case, I am of the opinion that the petition under Section 25 of the Act deserves to be transferred to Sunam. Admittedly, the applicant is living with her minor child at her parental home in Sunam. It has not been denied by the respondent that the distance between Sunam and Chandigarh is almost 125 Kms. It has also not been disputed that the respondent is contesting the application moved by the applicant under Section 125 of the Cr.P.C. in the Court of Sub Divisional Judicial Magistrate, Sunam. Therefore, the prayer of the applicant appears to be genuine as she must be facing difficulty in attending the proceedings at Chandigarh in the petition under Section 25 of the Act. In my view, the convenience of the wife in the matrimonial disputes is a valid ground to transfer the proceedings pending between the couple. I am fortified by the observations of the Supreme Court in Sumita Singh Versus Kumar Sanjay and another, AIR 2002 S.C. 396. Accordingly, this application is accepted and the petition under Section 25 of the Act titled “Gurinder Singh Goraya Versus Mrs. Amandeep Kaur” pending in the Court of Civil Judge (Senior Division), T.A.No.321 of 2008 -4- .... Chandigarh, is ordered to be transferred to a Court of competent jurisdiction at Sunam, i.e., the Court of Civil Judge (Senior Division)/Additional Civil Judge (Senior Division). The parties shall appear before the transferee Court on 14.6.2009 for further proceedings. In the meanwhile, the Court of Civil Judge (Senior Division), Chandigarh shall sent the records of the case to the Court of Civil Judge (Senior Division)/ Additional Civil Judge (Senior Division), Sunam. May 26,2009 ( Mahesh Grover ) “SCM” Judge