TA No. 156 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No. 156 of 2011 Date of decision:4.8.2011 Dr.Shivdit Kaur ...Applicant Versus Sukhjinder Singh ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Ms.Anju Sharma, Advocate, for the applicant. Mr.S.S.Rangi, Advocate, for the respondent. -.- JITENDRA CHAUHAN, J. The applicant-wife has filed the present application for transfer of the petition under Section 24 of the Guardian & Wards Act, 1890, (for short `the Act') titled as `Sukhjinder Singh Vs. Dr. Shivdit Kaur', filed by the respondent/husband, from Patiala to the court of competent jurisdiction at Sangrur. I have heard the learned counsel for the parties. From the perusal of case file, it reveals that the applicant is a resident of Mandi Ahmedgarh, District Sangrur, and has been living alongwith her minor child at the mercy of her old parents after being ousted from her matrimonial home. There are averments of continuous harassment and beatings. The applicant has no source of income. Moreover, the distance between two stations is quite long. As per Section 9 of the Guardian and Wards Act, an application TA No. 156 of 2011 2 with respect to the guardianship of the person of the minor, shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. Otherwise also, the interest of the child can be better watched by the mother. In matrimonial disputes, the convenience of the wife is to be seen, therefore, in my opinion, the balance of convenience is on the side of the wife. In view of above, the present application is allowed. The guardian petition filed by the respondent titled as `Sukhjinder Singh Vs. Dr. Shivdit Kaur' under Section 25 of the Act, pending in the Court of learned Guardian Judge-cum-Civil Judge (Senior Division), Patiala, is withdrawn and is transferred to the court of competent jurisdiction at Sangrur. File shall be sent by the trial Court at Patiala to the learned District Judge, Sangrur, within two weeks from the date of receipt of a certified copy of this order. The learned District Judge, Sangrur will either dispose it of himself or entrust it to any other court of competent jurisdiction. The learned trial Court shall also make an endeavour to decide the petition in question preferably within six months. Parties are directed to appear before the concerned court at Malerkotla, on 5.9.2011. 4.8.2011 (JITENDRA CHAUHAN) mks JUDGE