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2024 Supreme(P&H) 449

VIKAS SURI
Nitin Diwan – Appellant
Versus
Rajni Bhatia @ Rajni Diwan @ Aradhna Diwan – Respondent


Advocates Appeared:
Mr. J.S. Ghumman

JUDGMENT :

Vikas Suri, J.

CM-4343-CII-2024

This is an application for placing on record orders dated 27.03.2019 and 06.02.2024 as Annexures A-1 and A-2.

For the reasons mentioned in the application supported by affidavit and in view of the order dated 01.03.2024 passed in the main petition, the same is allowed. Annexures A-1 and A-2 are taken on record, subject to all just exceptions.

CM stands disposed of.

TA-268-2024

1. Prayer in the present petition is for transfer of the petition filed by the respondent-wife under Sections 7, 8, 17 and 25 of the Guardians & Wards Act, 1980 (for short ‘the Act’), seeking custody of the minor male child namely Tanmay Diwan (DOB 04.05.2015) titled as Rajni Bhatia @ Rajni Diwan @ Aradhna Diwan vs. Nitin Diwan, pending before learned Principal Judge, Family Court, Jalandhar to a Court of competent jurisdiction at Ludhiana.

2. The ground pleaded in the petition seeking transfer rests sole reliance upon the provisions under Section 9 of the Act. It is submitted that the minor has been residing with the petitioner at Ludhiana. It is further submitted that earlier the petitioner had filed a petition under Sections 7 and 8 of the Act at Ludhiana, which at the in

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