JUDGMENT :

Archana Puri, J. (Oral)

The applicant/wife/mother has filed the present application for seeking transfer of the petition under Section 25 of the Guardians and Wards Act, 1890, i.e. GW/15/2023, titled 'Anju Bala Vs. Mangat Rai Jindal', filed at her instance, pending in the Family Court (Camp Court) Sunam, District Sangrur, to the Court of competent jurisdiction at Sangrur.

2. In pursuance of the notice issued, respondent has made appearance through counsel and filed reply.

3. Learned counsel for the parties heard.

4. It is submitted by learned counsel for the applicant that the marriage between the parties to the lis, had taken place on 28.01.2012 and from this wedlock, one son, namely, Vahin Jindal was born on 15.09.2014. However, on account of matrimonial discord, the parties are residing separate and the custody of the son is with the respondent, since 08.10.2022. While making reference to paragraphs No. 2.3 and 2.4 of the application, the reason for bitterness prevailing between the parties has been pointed out by learned counsel for the applicant. Therein, the applicant asserts about the respondent to be a Gay, as a result whereof, the relations were spoiled between them. Also, it is pointed out by the counsel for the applicant that an FIR bearing No.25 dated 24.02.2023, under Sections 406 and 498-A IPC, was got lodged by the applicant at Police Station Longowal, against the respondent and the proceedings are pending before learned Illaqa Magistrate, Sangrur. Even, the husband has filed petition under Section 13 of the Hindu Marriage Act, for seeking divorce and the said case is also pending in the Family Court, Sangrur. However, the applicant had filed the petitioner under Section 25 of the Guardians and Wards Act, for seeking custody of the minor son, before District Court, Sangrur, which was entrusted to Principal Judge, Family Court, Sangrur, where the divorce petition was already pending. Thereafter, an application under Order 7 Rule 10(1) CPC, copy whereof is Annexure P-4, was filed by the respondent, for return of the petition for want of jurisdiction. However, on the basis of the reference made by the Court, which dealt with the matter, the petition under Section 25 of the Guardians and Wards Act, was transferred by the concerned District Judge to Family (Camp Court) Sunam, vide order dated 21.07.2023.

5. Further, it is submitted by the counsel for the applicant, that the mother of the applicant is suffering from age related ailments. Also, the applicant has already paid for her litigation at Sangrur. On this account, by virtue of transfer of the case, it would subject her to grave financial hardship. As such, a prayer has been made for transfer of the petition under Section 25 of the Guardians and Wards Act, pending at Family Court (Camp Court), Sunam, District Sangrur, to the Court of competent jurisdiction at Sangrur.

6. On the other hand, learned counsel for the respondent, while making reference to the reply filed by way of affidavit of the respondent, has submitted that, in fact, the applicant is a government employee and earning Rs. 70,000/- per month. Furthermore, also it is submitted that it has been falsely stated that the father of the applicant is suffering from age related ailments. Moreover, while making reference to the death certificate of the father of the applicant, copy whereof is Annexure R-l, it is submitted that the applicant is misleading the Court with the false statement, as father of the applicant had expired on 11.08.2021.

7. Further, learned counsel for the respondent submits that the minor child is residing and studying at Sunam. Therefore, Family Court, Sunam, is the proper jurisdiction. Also, it is submitted that the applicant is pursuing his job at Satoj, which is 21 kilometres from Sunam and Sangrur, where the applicant wants the case to be transferred, is at a distance of 36 kilometres from Satoj. The applicant is residing at Longowal, which is 16 kilometres from Sunam and 25 ki