TA No.453 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.453 of 2011 Date of decision : 07.09.2011 Arvinder Kaur ...Applicant Versus Prabhjeet Singh Saluja ...Respondent CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Sanjay Gupta, Advocate for the applicant. Respondent ex parte. JITENDRA CHAUHAN, J. (Oral) 1. The present application has been preferred by the applicant- wife, under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ‘Prabhjeet Singh Saluja Vs. Arvinder Kaur’, filed by the respondent under Sections 7 and 25 of the Guardians and Wards Act (for short `the Act'), from the Court of learned Additional Civil Judge, Sr. Divn., Patiala, to the Court of competent jurisdiction at Nawanshahr. 2. A perusal of the record would reveal that the applicant-wife is residing at Nawanshahr. The respondent-husband filed petition under Sections 7 and 25 of the Act, which is pending before the learned Additional Civil Judge (Sr. Divn.), Patiala. It would certainly be TA No.453 of 2011 2 difficult for the wife, living at the mercy of her parents, having no source of income and saddled with the responsibility of raising her two minor children, to attend the court proceedings at Patiala. 3. As per Section 9 of the Guardians and Wards Act, an application with respect to the guardian of the person of the minor, shall be made to the District Court having jurisdiction at the place where the minor ordinarily resides. Prima facie, the District Court at Nawanshahr has the jurisdiction to entertain and try the application under Section 25 of the Act. 4. In view of the above, the instant transfer application is allowed and the petition under Section 7 and 25 of the Act titled as ‘Prabhjeet Singh Saluja Vs. Arvinder Kaur’ is withdrawn from the Court of learned Additional Civil Judge, Sr. Divn., Patiala, and is transferred to the Court of competent jurisdiction at Nawanshahr. The entire record pertaining to the petition under Section 7 and 25 of the Act, shall be sent by the trial Court at Patiala, to the learned District Judge, Nawanshahr, within three weeks. 5. The parties shall appear before the Court of learned District Judge, Nawanshahr, on 12.10.2011, at 10.00 AM. 07.09.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No