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Seema Kumar and others vs Prem Chand

Punjab And Haryana At Chandigarh · Decided on 5 October 2011 · Citation: (2011) 10 P&H CK 0049

HON’BLE JUDGES
Jitendra Chauhan, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 24 · Guardians and Wards Act, 1890 — Section 9
RESULT
Allowed
CASE NUMBER
TA No. 433 of 2011
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Judgment

6 paragraphs · 333 words

Jitendra Chauhan, J.—The present application has been preferred by the applicant-wife u/s 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as ''Prem Chand Vs. Seema Kumar and others'', filed by the respondent (Annexure P-1), seeking custody of the minor children born out of the wedlock, from the Court of learned Guardian Judge, Freozepur, to the Court of competent jurisdiction at Moga.

2.

As per the office report, service could not be effected as the respondent is not residing at the given address. However, from the perusal of Annexure P-1, it emerges that the respondent has mentioned the same address in the application. In this view of the matter, the service of the respondent is deemed to be complete. As nobody has caused appearance on his behalf, the respondent is proceeded against ex parte.

3.

The applicant-wife is residing at Moga. The respondent-husband filed application (Annexure P-1), before the learned Guardian Judge, Ferozepur, on the ground that the applicant-wife has remarried. However, this fact has been categorically denied by the applicant. She is herself maintaining her two minor children at Moga.

4.

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 in the place where the minor ordinarily resides. Prima facie, the District Courts at Moga has the jurisdiction to entertain and try the application.

5.

In view of the above, the instant transfer application is allowed and the application (Annexure P-1) titled as ''Prem Chand Vs. Seema Kumari and others'' is withdrawn from the Court of learned Guardian Judge, Ferozepur, and is transferred to the Court of competent jurisdiction at Moga. The entire record pertaining to the application (Annexure P-1), shall be sent by the trial Court at Ferozepur, to the learned District Judge, Moga, within three weeks.

6.

The parties shall appear before the Court of learned District Judge, Moga, on __________.