Transfer Application No. 266 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application No. 266 of 2008 Date of Order: 26.11.2008 Shalu ...Applicant Versus Bhupinder Pal Bhatia ..Respodnent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Padam Jain, Advocate for the applicant. Mr. Rajinder Goel, Advocate for the respondent. RAJIVE BHALLA, J (ORAL) Prayer in this application is for transfer of a petition filed under Sections 10, 12 and 25 of the Guardians and Wards Act titled as “Bhupinder Pal Bhatia v. Shalu” , pending before the Court of Civil Judge(Senior Division), Karnal, to a Court of competent jurisdiction at Kapurthala. Counsel for the applicant submits that the applicant is not ready for any settlement of the matrimonial dispute and would like to pursue the matter on merits. It is further submitted that as per the provisions of Section 9 of the Guardians and Wards Act, a petition for custody of the person of a minor shall be filed before the district court where the minor ordinarily resides. It is submitted that the ordinary place of residence of the minor is Quarter No.524, Model Town, Kapurthala (Punjab). As a result, a petition filed under Sections 10, 12 and 25 of the Guardians and Wards Act, should be transferred to a Court of competent jurisdiction at Kapurthala. Transfer Application No. 266 of 2008 -2- Counsel for the respondent, on the other hand, submits that the minor was originally residing at Karnal. The mere fact that the applicant- wife has removed the minor from Karnal would not alter the ordinary place of residence of the minor. I have heard counsel for the parties and perused the paper book. After due consideration of the arguments raised by counsel for the parties, I am satisfied that in view of Section 9 of the Guardians and Wards Act, the petition filed under the aforementioned Act would have to be transferred to a court of competent jurisdiction at Kapurthala. Section 9 of the Act specifically provide that a petition seeking custody of the person of a minor shall be filed where the minor ordinarily resides. The minor as of date resides with his mother at Kapurthala. Even otherwise, it would be extremely difficult for the applicant as also the minor to travel from Kapurthala to Karnal as other litigation inter-parties is also pending at Kapurthala. In view of what has been stated hereinabove, the present application is allowed and the petition filed under Sections 10, 12 and 25 of the Guardians and Wards Act titled as “Bhupinder Pal Bhatia v. Shalu” , pending before the Court of Civil Judge(Senior Division), Karnal is transferred to the Court of District and Sessions Judge, Kapurthala. The Civil Judge(Senior Division), Karnal, shall forthwith forward the file of the case titled as “Bhupinder Pal Bhatia v. Shalu” to the Court of District and Sessions Judge, Kapurthala, who shall upon receipt of the file decide the petition himself or entrust it to a court of competent jurisdiction. Parties are directed to appear before the Court of District and Sessions Judge, Kapurthala, on 12.01.2009. November 26, 2008 (RAJIVE BHALLA) nt JUDGE