PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARCHANA PURI
Kirandeep Kaur – Appellant
Versus
Gurbeer Singh – Respondent
JUDGMENT :
Archana Puri, J.
The applicant-wife has filed the present application for seeking transfer of the petition under Section 25 of the Guardian and Wards Act, filed by respondent-husband bearing No.GW-13-2023, titled 'Gurbeer Singh vs. Kirandeep Kaur', pending in the Family Court, Malout and she seeks transfer of the same to the Court of competent jurisdiction in nearby District.
2. Upon notice issued, the respondent made appearance through counsel and filed the reply.
Learned counsel for the parties heard.
3. At the very outset, it is submitted by learned counsel for the applicant that marriage between the parties to the lis, had taken place on 17.07.2008 and two children were born from the said wedlock, who are residing with the applicant. However, on account of matrimonial dispute, the parties are residing separate and have indulged in various rounds of litigation.
4. It is also submitted that the Guardian and Wards Act petition is still at the stage of appearance, when the transfer application was filed. Various other litigation were already pending in the Courts at Malout. A lot of hurdles were faced by the applicant as widow sister-in-law of the respondent-husband is an Advo
The court prioritizes the convenience of the wife and welfare of the minor child in transfer applications under matrimonial and guardianship laws.
The convenience of the wife and the welfare of the minor child should be given priority in considering a transfer petition, especially when other related proceedings are pending in the same place.
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