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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Kinderpal Kaur – Appellant
Versus
Jaswinder Singh – Respondent
JUDGMENT :
Archana Puri, J.
CM-17164-CII-2025
2. The present application has been filed at the behest of the respondent, for placing on record reply to the transfer application, along with Annexures.
3. In view of the averments made in the application, same is allowed and the requisite documents are taken on record.
MAIN CASE
4. The applicant-Kinderpal Kaur and her parents have filed the present application for seeking transfer of the petition under Section 25 of the Guardians and Wards Act i.e. GW/44/2023, titled ''Jaswinder Singh Vs. Kinderpal Kaur and others', filed by the respondent, pending in the Family Court, Bathinda and they seek transfer of the same to the Court of competent jurisdiction at Zira, District Ferozepur.
5. In pursuance of notice issued, the respondent made appearance through counsel and filed reply.
6. Counsel for the parties heard.
7. At the very outset, it is submitted by counsel for the applicant that marriage between applicant No.1 and the respondent had taken place on 09.11.2024. One daughter was born from the said wedlock on 18.02.2016, who is in the care and custody of the applicant. However, o n account of the matrimonial dispute, the parties are residing sepa
The court prioritizes the convenience of the wife and welfare of the minor child in transfer applications under matrimonial and guardianship laws.
The jurisdiction for guardianship applications is based on the minor's ordinary residence, prioritizing their convenience in court proceedings.
Jurisdiction for guardianship applications is determined by the minor's ordinary residence prior to any recent removal, not the residence at the time of application.
The court established that jurisdiction in custody matters is primarily based on the child's residence, but convenience and related litigations are also significant factors.
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