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2012 DIGILAW 161 (PNJ)

Aditya Gaur v. Kanwar Sharma

2012-01-31

JITENDRA CHAUHAN

body2012
JUDGMENT Mr. Jitendra Chauhan, J.(Oral): - The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant, seeking transfer of the petition titled as ‘Aditya Gaur versus Kanwar Sharma and another’, filed under Section 25 of the Guardian and Wards Act, read with Sections 8 and 10 of the Hindu Minority and Guardianship Act, (for short ‘the Act’) from the court of learned Civil Judge (Senior Division) -cum- Guardian Judge, Kurukshetra to any other Court of competent jurisdiction out side Kurukshetra. 2. Learned counsel contends that earlier this Court vide order dated 29.7.2011, (Annexure P-1) passed in CRM No. M 8602 of 2011, filed by the respondents, transferred the criminal complaint No.340 of 2010, from Kurukshetra to Patiala. This Court vide order dated 26.9.2011, (Annexure P-2) passed in CRM No. M 25279 of 2011, transferred the proceedings under Section 125 of the Code of Criminal Procedure, from Kurukshetra to Patiala. He further states that after the death of the mother of the child, the father is the next and best guardian to look after his child. Therefore, the Guardian case may also be transferred from Kurukshetra to Patiala. 3. On the other hand, the learned counsel for the respondent states that the applicant is a service man and posted at Gurgaon and therefore, he cannot look after the child properly. 4. I have heard learned counsel for the parties and perused the case file. 5. From the perusal of the case file, it emerges that Udai Vir (minor) son of the applicant is with the maternal grand parents as the wife of the applicant died after delivery. The applicant has sufficient resources to look after his child. The parents of the applicant is stated to be living with him. Moreover, the proceedings in the petition under Section 125 of Cr.P.C. as well as in the criminal complaint are going on at Patiala. 6. The Court is fully conscious of the fact that the proceedings under the Guardians and Wards Act should be held at the place where the minor is residing. However, keeping in view the peculiar facts of the present case, this Court feels that it would be in the interest of the child that hostilities are lessened and the litigation is over between the parties. 7. Therefore, without commenting on the merits of the case, the instant transfer application is allowed. However, keeping in view the peculiar facts of the present case, this Court feels that it would be in the interest of the child that hostilities are lessened and the litigation is over between the parties. 7. Therefore, without commenting on the merits of the case, the instant transfer application is allowed. Petition under Section 25 of the Guardian and Wards Act, read with Sections 8 and 10 of the Hindu Minority and Guardianship Act, titled as ‘Aditya Gaur versus Kanwar Sharma and another ‘ is withdrawn from the Court of learned Civil Judge (Senior Division)- cum- Guardian Judge, Kurukshetra, and is transferred to the court of competent jurisdiction at Patiala. The complete record pertaining to the case in question shall be sent by the trial Court at Kurukshetra, to the learned District Judge-cum-Guardian Judge, Patiala, within two weeks from the date of receipt of a copy of this Order. The learned District Judge-cum- Guardian Judge, Patiala will either dispose it of himself or entrust it to any Court of competent jurisdiction at Patiala. 8. The parties through their counsel shall appear before the Court of District Judge, Patiala, on 12.3.2012 at 10 AM. --------------