Ramandeep Kaur v. Jasvir Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-1208 of 2021 (O&M) DATE OF DECISION: 09.12.2021 Ramandeep Kaur .....Petitioner versus Jasvir Singh .....Respondent CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Ms. Swati Verma, Advocate for the petitioner ..

ALKA SARIN, J. (Oral):

Heard in virtual mode.

This is an application for transferring the petition titled as "Ramandeep Kaur vs. Jasvir Singh" bearing No.GW-1 of 2019 instituted on 09.01.2019 under Sections 25 and 10 of the Guardians and Wards Act, 1890 (for short "GW Act") for the custody of the minor child, pending in the Court of Additional Civil Judge (Senior Division), Amloh to the competent Court of jurisdiction at Ludhiana.

Learned counsel for the petitioner would contend that the petitioner has no means of income and she has to travel a distance of about 58 kilometres (one way) in order to attend the proceedings at Amloh. It has further been contended that evidence is now going on and the petitioner has to go there on each and every date. Heard.

PARKASH CHAND 2021.12.10 05:10 I attest to the accuracy of this order

TA-1208 of 2021 -2In the present case, the undisputed fact is that the child is residing at Amloh with the father and the case sought to be transferred under Sections 25 and 10 of the GW Act for custody of minor child was instituted by the petitioner-wife herself in the year 2019. As per the learned counsel for the petitioner, the petition is at the evidence stage. Keeping in mind the fact that the child is residing at Amloh with the respondent as well as the fact that the petition was initiated on 09.01.2019 by the petitioner herself and the same is now at the evidence stage, I find no ground to allow the present petition. Dismissed.

(ALKA SARIN) JUDGE 09.12.2021 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2021.12.10 05:10 I attest to the accuracy of this order