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High Court of Punjab and HaryanaTA/1139/2024allowed

Ruhi Mahajan v. Aditya Mahajan

2024-11-08Mr. Justice Anil Kshetarpal2 pages



        

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 & ( The applicant-wife has filed the present application for seeking transfer of petition under the Guardians and Wards Act, filed by the respondent-husband, pending in Family Court Ludhiana and she seeks transfer of the same to the Court of competent jurisdiction at Pathankot. It is submitted by the counsel for the applicant that on account of the matrimonial discord, the parties to the lis are residing separate. The minor child, namely, Krishang Mahajan, born from this wedlock, who is about 9 years old, is in the care and custody of the applicant. To seek his custody, the respondent-husband had filed the petition under the Guardians and Wards Act. The said child, while in the custody of the applicant, is studying in Army Public School, Bathinda.

However, this is the last session, where he is to study in the Army School and thereafter, he shall begin his studies at Pathankot. In the given circumstances, the counsel submits that it is difficult for the applicant to commute a distance of about 165 kilometres, to defend the guardianship petition. Also, the petition under Section 125 Cr.P.C., as well as the complaint under Sections 323, 406 & 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, filed by the applicant, relating to this matrimonial dispute, are already pending in the Courts at Pathankot. It is submitted by the counsel that the case is pending before learned Family Court and the same is at appearance stage. He given an undertaking to ensure the appearance of the applicant, on the date fixed, or on the next date before learned Family Court.

Notice of motion for 07.11.2024.

After acknowledging the appearance of applicant or her counsel, learned Family Court shall adjourn the guardianship petition, beyond the date fixed in the present case. MOHD AYUB 2024.11.12 14:09 I attest to the accuracy and authenticity of this order/judgment.

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          MOHD AYUB 2024.11.12 14:09 I attest to the accuracy and authenticity of this order/judgment.