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High Court of Punjab and HaryanaTA/634/2016allowed

Ashima v. Amandeep Mittal

2016-10-24Mr. Justice Dr. Bharat Bhushan Parsoon1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA-634-2016 (O & M) Date of decision: 24.10.2016 Ashima ....Applicant(s) V/s Dr. Amandeep Mittal

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Jitender Dhanda, Advocate, for the applicant. **** Rajan Gupta, J. (Oral) This is a petition seeking transfer of proceedings initiated by husband-respondent under Section 25 of the Guardians and Wards Act, 1890, (for short 'the Act') from the court at Bathinda to Rohtak. It is urged before the court that the applicant-wife is residing at Rohtak. She has an eight year school going child. According to learned counsel, respondent-husband has filed a petition seeking custody of the child at Bathinda, though, as per Section 9 of the Act, the aforesaid petition would lie at the place where the child is residing. Respondent remains unrepresented despite service. Keeping in view facts and circumstances of the case, it is directed that proceedings under Section 25 of the Act at Bathinda be transferred to a court of co-ordinate jurisdiction at Rohtak. The petition is allowed in these terms.

(RAJAN GUPTA) October 24, 2016 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2016.10.25 11:21 I attest to the accuracy and integrity of this document