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Transfer Application No.415 of 2025 (O & M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

235

Transfer Application No.415 of 2025 (O & M)

Date of decision :-21.05.2026

Priyanka

…..Applicant

Versus

Parveen Grover

…..Respondent

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Kuldeep Singh Siwach, Advocate

for the applicant.

None for the respondent (earlier represented by counsel on

23.4.2026).

NIDHI GUPTA J. (Oral)

1. Prayer in this Transfer Application filed by applicant is for

transfer of the petition bearing No.GW/7/2024 filed by respondent-

husband under Section 25 of the Guardian and Wards Act, 1890 read

with Section 6 of Hindu Minority and Guardianship Act, 1956

(hereinafter referred as ‘the Act’), titled “Parveen Grover vs. Priyanka”

pending in the Family Court, Jind to a Court of competent jurisdiction at

Fatehabad.

2. Respondent-husband has filed the above petition seeking

custody of the minor sons, namely, Aayush aged 9 years and Urjit aged 7

years who are presently residing with the applicant-wife at Fatehabad.

3. Learned counsel for the applicant, inter alia, submits that:

i) that the parties solemnized marriage on 25.2.2014.

VIJAY ASIJA

2026.05.25 20.48

I attest to the accuracy and

integrity of this document

Transfer Application No.415 of 2025 (O & M) 2

ii) that two male children were born out of the wedlock

on 20.11.2014 and 13.2.2017 respectively and are in

the care and custody of the applicant-wife.

iii) that the distance between the place of residence and

place of proceedings is 110 kms. (one side).

v) that as per Section 9 of the Guardian and Wards Act,

1890, respondent has to file the petition for custody

of the minor children where they ordinarily reside.

vi) That the proceedings arising out of petition under

Section 125 Cr.P.C. bearing No.MNT/88/2024;

petition filed under the DV Act bearing

No.COMA/87/2024; and the FIR No.34 dated

03.9.2024 under Sections 323, 406, 498-A and 506

IPC, registered at Women Police Station, Fatehabad,

filed by the applicant-wife, are pending in the Courts

having competent jurisdiction at Fatehabad.

vii) That a petition under Section 13 of the Hindu

Marriage Act, filed by the respondent-husband at

Jind, has also been transferred to the Court at

Fatehabad, by this Court vide order of even date i.e.

21.5.2026 in TA-414-2025.

4. I have heard learned counsel for the applicant.

5. The legal position in such like cases as the present one, is

well established. As per Section 9 of the Guardian and Wards Act, 1890,

petition for custody is required to be filed where the minor child

ordinarily resides. In the present case, both minor sons are admittedly

residing with applicant at Fatehabad.

6. In view of the aforesaid legal position, the present Transfer

Application is allowed, subject to the following conditions:-

a) The petition bearing No. GW/7/2024 filed by

respondent-husband under the Act, titled ‘Parveen

Grover vs. Priyanka’ pending in the Family Court,

VIJAY ASIJA

2026.05.25 20.48

I attest to the accuracy and

integrity of this document

Transfer Application No.415 of 2025 (O & M) 3

Jind is transferred to a Court of competent

jurisdiction at Fatehabad.

b) The ld. District Judge, Jind is directed to transfer

complete record pertaining to the aforesaid case to

District Judge, Fatehabad.

c) The parties are directed to appear before the District

& Sessions Judge, Fatehabad on 24.6.2026.

d) The District Judge, Fatehabad will assign the said

petition to the Court of competent jurisdiction.

7. As already noticed above, since the petition is disposed of

and nobody has turned up on behalf of respondent, accordingly, in these

peculiar circumstances, in order to ensure appearance of the parties

before the District Judge, Fatehabad on 24.6.2026, it is directed that a

copy of this order be sent to the respondent and his counsel through

registered post, besides sending a copy of this order to the District

Judges concerned through e-mail. Applicant through her counsel, present

in the Court, is directed to ensure her appearance accordingly.