Pooja Sharma @ Bhawana Sharma Vs Satish Kumar

High Court Of Punjab And Haryana At Chandigarh 24 Jan 2006 C.M. No. 16160-CH of 2004 (2006) 2 CivCC 648 : (2006) 2 RCR(Civil) 76
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

C.M. No. 16160-CH of 2004

Hon'ble Bench

Hemant Gupta, J

Advocates

Ajay Sangroha, for the Appellant; Robin Dutt, for the Respondent

Final Decision

Allowed

Acts Referred

Guardians and Wards Act, 1890 — Section 10, 7

Judgement Text

Translate:

Hemant Gupta, J.@mdashThe petitioner has sought transfer of petition filed by the respondent u/s 7 read with Section 10 of the Guardian and

Ward Act, 1890 (hereinafter to be referred as ''the Act''), for appointment of Guardian with respect to the person of minor. The said petition has

been filed at Jagadhri. In the petition, it has been pleaded that the minor is residing with his mother in her paternal house, which falls within the

jurisdiction Tehsil Dera Bassi, District Rajpura.

2. The petitioner has sought transfer of the said petition to Rajpura on the ground that the petitioner''s life is under threat as the respondent is a man

of criminal nature and the respondent may exercise his influence against her

3. Once it is the admitted stand of the respondent that the minor is staying with his mother at Dera Bassi falling within the jurisdiction of Tehsil Dera

Bassi, District Rajpura, the petition for appointment of a Guardian is maintainable, only before the Courts at Rajpura.

4. Consequently, the present petition is allowed. The case No.75-G of 24.11.2003 Satish Kumar V. Pooja Sharma, pending in the Court of Civil

Judge, Jagadhri, exercising the powers under the Guardian & Ward Act, shall stand transferred to the competent Court at Rajpura.

5. Parties through their counsel are directed appear before the learned District Patiala on 7.3.2006 on which date the learned District Judge shall

entrust the case to the competent Court at Rajpura.

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