T.A. No. 284 of 2010 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH T.A. No. 284 of 2010 (O&M) Date of decision: 28.9.2010 Meenu .. Applicant v. Naveen .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. S. S. Virk, Advocate for the applicant. ... 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 Jai from the court of Civil Judge (Senior Division), Rewari to the court of competent jurisdiction at Panchkula. Learned counsel for the applicant submitted that marriage of the applicant was solemnised with the respondent according to Hindu rites on 10.12.2006 at Panchkula. Out of the wedlock, one child, namely, Jai was born. After the marriage, the respondent never allowed her to settle in the matrimonial home. After she was turned out of the matrimonial home a complaint under Sections 323, 498-A, 406 and 506 IPC was filed at Panchkula. She also filed an application under Section 125 Cr.P.C. for maintenance, which is pending for adjudication at Panchkula. The petition has been filed by the husband at Rewari only to harass her, as he is already attending the cases filed by the applicant at Panchkula. It was submitted that it is very difficult for the applicant to attend the court proceedings at Rewari along with her minor son. There is no one in the family to accompany her to attend the court proceedings at Rewari. The distance between both the places is about 400 kilometers. 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 which the minor ordinarily resides. In the present case, the minor is residing with the applicant at Kalka (District Panchkula). Despite service, no one has appeared for the respondent. After hearing learned counsel for the applicant and considering the aforesaid facts, especially that the minor at present is residing with the applicant- mother at Kalka, within the jurisdiction of Panchkula courts and further that two other cases are pending at Panchkula, it is directed that the petition for custody of T.A. No. 284 of 2010 [ 2] the child filed by the respondent at Rewari be transferred to Panchkula. The parties are directed to appear before Civil Judge (Senior Division), Panchkula on 30.10.2010 for further proceedings. The Civil Judge (Senior Division), Panchkula may either keep the petition with him or entrust the same to any other competent court. As the respondent remained unrepresented before this court, the factum regarding transfer of the petition from Rewari to Panchkula shall be brought to the notice of the respondent or his counsel by the court concerned at Rewari on the next date of hearing. The application stands disposed of accordingly. ( Rajesh Bindal ) Judge 28.9.2010 mk