Smt. Renu vs Prem Sunder

Hemant Gupta, J.—The petitioner has sought transfer of petition u/s 25 of the Guardian and Wards Act, 1890 (hereinafter to be referred as ''the Act'') filed by the respondent for the custody of the minor son.

The marriage between the parties stands dissolved by a decree of divorce. The respondent has filed a petition u/s 25 of the Act at Sonepat alleging that the ordinary residence of the minor at Yamuna Nagar is forcible under threat and, therefore, cannot be considered relevant for determining the jurisdiction of the Court.

It is the case of the respondent that the petitioner has remarried but the child is living with his maternal grand-father. However, it is admitted that the maternal grand-father is also residing at Yamuna Nagar. Therefore, it is evident that the minor is residing at Yamuna Nagar. The question whether such residence is forcible or under threat or not could be decided only after evidence is led by the parties. But, prima facie, the petitioner has made out a case for transfer of the petition u/s 25 of the Act to Yamuna Nagar.

Keeping in view the said fact, petition titled Prem Sunder v. Smt. Renu, pending in the Court of Guardian and Wards Judge, Sonepat, shall stand transferred to the Court of District Judge, Yamuna Nagar. Learned District Judge may entrust the case to any other Court of competent jurisdiction.

The parties through their counsel are directed to appear before the learned District Judge, Yamuna Nagar, on 6.3.2006.

The civil miscellaneous stands disposed of accordingly.