Punjab-Haryana High Court
Kiranjeet Kaur vs Kiranjeet Kaur" Under Section 25 Of The ... on 10 February, 2011
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
TA No.376 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
TA No.376 of 2010
Date of decision: 10.2.2011
Kiranjeet Kaur,
...Applicant
Ram Brichh Singh,
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr.K.S.Chahal,Advocate for the applicant.
Mr.Abhinav Oberoi,Advocate for the respondent.
Parties in person.
........
JITENDRA CHAUHAN.J (Oral) The applicant-Kiranjeet Kaur, has filed the present application under Section 24 of the Code of Civil Procedure seeking the transfer of case titled "Ram Brichh vs Kiranjeet Kaur" under section 25 of the Guardian and Wards Act pending adjudication before the Additional Civil Judge (Sr.Division) Mohali to any other court of competent jurisdiction at Moonak, District Sangrur.
Learned counsel for the applicant submits that after the death of the husband of the applicant on 2.10.2009 under mysterious circumstances, when she was under trauma, the respondent got a compromise in the presence of some persons and the applicant was thrown out of her matrimonial home. Learned counsel further submits that the respondent is a retired police officer (Superintendent of police) and is an influential person. Learned counsel further submits that the respondent is residing at Mohali and the minor child Gurcharan Singh is already residing with him.
On the other hand, learned counsel for the respondent has TA No.376 of 2010 2 stated that the applicant left her matrimonial home after the death of her husband on her own. Learned counsel further submits that after filing the petition under section 25 of the Guardian and Wards Act by the respondent, the applicant has filed petition under section 12 of the Protection of Women from Domestic Violence Act at Mohali.
I have heard the learned counsel for the parties and perused the record.
Admittedly, the applicant is residing at Salemgarh, Tehsil Moonak District Sangrur. After the death of her husband, she has been residing with her parents. She is not employed or having no source of income. The respondent is a retired police officer, getting pension apart from owning a big chunk of land.. Otherwise also, it will be difficult for the applicant to pursue her case at Mohali, as she is residing with her parents at Moonak, at a distance of 140 kms. The respondent has filed a petition under section 25 of the Guardian and Wards Act for guardianship of his grandson. The applicant is a young widow residing at the mercy of her parents and brothers. Certainly she will not be able to effectively contest her case at Mohali in the absence of any regular source of income.
Though, no prayer for transfer of petition under section 12 of the Protection of Women from Domestic Violence Act has been made by the applicant-Kiranjeet Kaur, in this transfer application, which was filed during the pendency of this transfer application, this Court is taking cognizance to consider the prayer for transfer of the case of its own motion.
In view of the above, it is ordered that the petition under Section 25 of the Guardian and Wards Act titled as "Ram Barichh v. Kiranjit Kaur" pending before the Additional Civil Judge, Mohali and the TA No.376 of 2010 3 petition under section 12 of the Protection of Women from Domestic Violence Act titled as Kiranjeet Kaur vs. Ram Barichh pending before the court of Judicial Magistrate Ist Class, Mohali are transferred to the courts of competent jurisdiction at District Sangrur.
The learned District Judge, Mohali is directed to send the case files to the District Judge,Sangrur within a period of three weeks, who would entrust the same to the courts of competent jurisdiction.
This transfer application is allowed accordingly. Parties are directed to appear before the District Judge, Sangrur on 10.3.2011.
10.2.2011 (JITENDRA CHAUHAN) ms JUDGE
Note: Whether to be referred to the Reporter? Yes / No