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2017 Supreme(P&H) 789

RAMESHWAR SINGH MALIK
Apurva – Appellant
Versus
Navtej Singh – Respondent


Advocates:
For the Applicant:Mr. H.C. Arora, Advocate.
For the Respondent:Mr. Himanshu Rai, Advocate.

JUDGMENT

Mr. Rameshwar Singh Malik, J.: (Oral) - Applicant, by way of instant transfer application under Section 24 of the Code of Civil Procedure (for short ‘CPC’), seeks transfer of the petition under Section 25 of the Guardian and Wards Act (‘the Act’ for short) titled as Dr. Apurva Nalwa Vs. Dr. Navtej Singh Nalwa, from Hisar to Bathinda.

2. Notice of motion was issued.

3. Heard learned counsel for the parties.

4. It has gone undisputed before this Court that applicant-wife is living with her parents at Amritsar. However, she is seeking transfer of her petition for custody of the minor child from Hisar to Bathinda, so that it may not be unduly harsh to the respondent-husband, because Bathinda would fall midway between Hisar and Amritsar. Further, this Court has already passed order dated 17.5.2016 in TA Nos. 272 and 306 of 2015, transferring two litigations between these very parties from Hisar to Bathinda.

5. After giving anxious consideration to the contentions raised and careful perusal of the record of the case, this Court is of the considered opinion that instant one has been found to be a fit case for ordering the transfer of petition under Section 25 of the Act from Hisar










































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