Anchal Mittal v. Sumit Mittal And ORS.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

TA No. 1002 of 2016 Date of Decision: December 22, 2016.

Aanchal Mittal ....Petitioner

Versus

Sumit Mittal and others .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAJAN GUPTA

Present:

Ms.Deepa Jain, Advocate for the petitioner.

Rajan Gupta, J (Oral) This is a petition under Section 24 of the Code of Civil Procedure for transfer of proceedings initiated by the petitioner from Ambala to Dera Bassi. It has been urged before this court that petitioner is a resident of Dera Bassi. Certain other litigation is pending at Dera Bassi, thus, case titled Aanchal Mittal Vs. Sumit Mittal be transferred to the court at Dera Bassi. I find the plea untenable. The petitioner herself chose the forum for initiating proceedings under the Guardian and Wards Act. Admittedly, the child is also residing at Ambala. In view of provision Section 9 of the Act, jurisdiction normally vests with the court where the child resides. Under the circumstances, there is no merit in this petion and same is hereby dismissed.

(Rajan Gupta) Judge December 22, 2016.

BB