Mandip Kaur v. Arminder Singh

T.A. No. 646 of 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 646 of 2019 DATE OF DECISION :- October 24, 2019 Mandip Kaur ...Applicant

Versus

Arminder Singh

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Gursharan Singh, Advocate for the applicant. Mr. Harish Chhabra, Advocate for the respondent. *** During the course of arguments, learned counsel for the respondent has submitted that a similar petition filed by the applicant for transfer of divorce petition has since been dismissed by this Court in T.A. No. 824 of 2019 (O&M) decided on 19.9.2019 and further a revision petition No. 5200 of 2019 has been withdrawn by the petitioner from this Court. It has transpired that the minor child namely Gurnaaz Kaur having date of birth 13.10.2015 is presently in the custody of her mother Mandeep Kaur-applicant having residence at village Khokhar, Post Office Hayat Nagar, Tehsil and District Gurdaspur.

Under Section 9 of the Guardians and Wards Act, 1890 a petition seeking guardianship of a minor is to be filed before the District Court having jurisdiction in the place where the minor ordinarily resides. PARVINDER SINGH 2019.10.31 16:44 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 646 of 2019 Therefore, the applicant is relegated to the remedy by approaching the trial Court seeking return of the petition for presentation to the Court having territorial jurisdiction. The respondent husband may raise all the pleas available to him as per law there and then the Court is to decide the matter in the light of the settled legal position. However, if the order goes against the applicant-wife, she may approach this Court again in accordance with law.

The application stands disposed of accordingly. (H.S. MADAAN) JUDGE October 24, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.10.31 16:44 I attest to the accuracy and integrity of this document Chandigarh