TA No. 585 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 585 of 2011 Date of decision: 29.11.2011 Jagwinder Pal Kaur ....Applicant Versus Harmeet Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Dinesh Kumar, Advocate for the applicant. Mr.Jatinder Pal Singh, Advocate for the respondent ***** Jitendra Chauhan, J.(Oral) Through this application, the applicant/wife has knocked the door of this Court for the transfer of the petition titled as 'Harmeet Singh vs. Jagwinder Pal Kaur', filed by the respondent/husband under Section 25 of the Guardians & Wards Act, 1890, (for short `the Act') from the court of learned Guardian Judge/ Civil Judge (Senior Division), Ferozepur, to the court of competent jurisdiction at Faridkot. I have heard the learned counsel for the applicant and perused the case file. The perusal of the case file, it reveals that a child was born out of the wedlock, who is presently in the custody of the applicant. She has TA No. 585 of 2011 2 been ousted from her matrimonial home. Now she is residing at the mercy of her parents at Village Bahman Wala, Tehsil Kotakpura, District Faridkot. As per Section 9 of the 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. In the present case, prima facie, the District Courts at Faridkot have the jurisdiction to entertain and try the application under Section 25 of the Act, as the minor is residing with her mother at Village Bahman Wala, District Faridkot. Considering the facts that the applicant alongwith her minor child is residing at the mercy of her old parents at village Bahman Wala, District Faridkot; it would certainly be difficult for the wife, having no source of income and saddled with the responsibility of raising her minor son, to attend the court proceedings at Ferozepur. In a petition filed by the husband, primarily the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife, the applicant. Accordingly, the present application deserves to be allowed. In view of the above, the instant transfer application is allowed, petition under Section 25 of the Act titled as ‘Harmeet Singh vs. Jagwinder Pal Kaur' is withdrawn from the Court of learned Guardian Judge/ Civil Judge (Senior Division), Ferozepur, and is transferred to the court of competent jurisdiction at Faridkot. The complete record pertaining to the case in question shall be sent by the trial Court at Ferozepur, to the learned District Judge, Faridkot, within two weeks from the date of receipt of a copy of this judment. The learned District Judge, Faridkot will either dispose it of TA No. 585 of 2011 3 himself or entrust it to any Court of competent jurisdiction. The parties shall appear before the Court of District Judge, Faridkot, on 23.12.2011 at 10 AM. 29.11.2011 (JITENDRA CHAUHAN) gsv JUDGE