##PAGE1##

TA-1698-2025 Page 1 of 5

(cid:1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

232

TA-1698-2025(O&M)

Date of decision: 13.05.2026

Jaanvi

...Petitioner(s)

Vs.

Jarj Singh @ Gagandeep Singh @ Gagan & Another

...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. Bhavesh Aggarwal, Advocate

for the petitioner.

***

NIDHI GUPTA, J.

Prayer in this petition filed by petitioner-wife is for transfer of

the Case bearing GW-31-2025 titled “Jarj Singh @ Gagandeep Singh Vs.

General Public & Another” (Annexure P3), filed by respondent

No.1/husband against the petitioner under Sections 7, 10, 25 of the

Guardians and Wards Act, 1890 read with Section 6 of Hindu Minority and

Guardianship Act, 1956 (hereinafter referred as ‘the Act’), seeking custody

of minor child Nilansh, presently pending before the Addl. Principal Judge,

Family Court, Jalandhar to a Court of competent jurisdiction at Amritsar.

2. Learned counsel for the petitioner, inter alia, submits that:

i) the parties had solemnized marriage on 25.02.2024;

SUNENA

2026.05.14 17:02

I agree to specified

portions of this document

(cid:1)

TA-1698-2025 Page 2 of 5

(cid:1)

ii) due to matrimonial discord, the parties started living

separately from 02.04.2024;

iii) one son was born out of their wedlock on 04.11.2024, who

is in the care and custody of the petitioner at Amritsar;

iv) the respondent No.1 has filed the present custody petition

at Jalandhar purely to harass the petitioner;

v) as per law, custody petition is to be filed at the place of

residence of the child;

vi) there are two other cases already pending at Amritsar

which are as under:-

1. Complaint under Section 12 of the DV Act (Annexure P2);

2. Petition filed by the petitioner under Section 13 of the Hindu

Marriage Act for dissolution of marriage pending before Family

Court, Amritsar (Annexure P1);

vii) being a lady with the minor child, it would be very difficult

for the petitioner to frequently travel as one way distance from

Jalandhar to Amritsar is 90 kms;

viii) no maintenance is being paid to the petitioner by the

respondent, and she is neither working nor having any source

of income as she is taking care of the minor son by herself.

3. It is accordingly prayed that the present petition be allowed

and the custody petition be transferred from Jalandhar to Amritsar.

SUNENA

2026.05.14 17:02

I agree to specified

portions of this document

(cid:1)

TA-1698-2025 Page 3 of 5

(cid:1)

4. I have heard learned counsel for the petitioner.

5. Order sheets shows that notice in the present case was issued

by Predecessor Bench vide order dated 22.12.2025. Again, fresh notice was

issued to the respondent No.1 vide order dated 05.02.2026. In order dated

17.03.2026, it is recorded that:-

“As per office noting, summons sent for service of respondent

has been received back with the report that mother of the

respondent refused to accept the notice and affixation was

done. As such, the service in all intents and purposes, is

complete. However, there is no representation on behalf of

respondent today.

In the interest of justice, adjourned to 09.04.2026.”

6. Today, none appears on behalf of the respondent despite

Service. Clearly therefore, the respondent No.1 is not willing to appear

despite service; as refusal of service is valid service.

7. As already noted above and as stated in Para 8 of the

present petition, the petitioner “……is residing with her old aged parents at

Amritsar along with her minor son Nilansh after being turned out of her

nuptial home, and since she is neither working, nor having any job or

source of income for herself, therefore, it is not possible for the petitioner to

pursue the case at Jalandhar, as she is not having sufficient means to travel

and take care of herself and her son all alone.”

8. As per established legal position, the above said reasons

constitute sufficient ground to grant transfer from Jalandhar to Amritsar.

SUNENA

2026.05.14 17:02

I agree to specified

portions of this document

(cid:1)

TA-1698-2025 Page 4 of 5

(cid:1)

Even otherwise, as per