LAWS(P&H)-2011-10-142

SEEMA KUMAR AND OTHERS Vs. PREM CHAND

Decided On October 05, 2011
Seema Kumar And Others Appellant
V/S
PREM CHAND Respondents

JUDGEMENT

(1.) THE present application has been preferred by the applicant -wife under Section 24 of the Code of Civil Procedure, praying for the transfer of the petition titled as 'Prem Chand Vs. Seema Kumar and others', filed by the respondent (Annexure P -1), seeking custody of the minor children born out of the wedlock, from the Court of learned Guardian Judge, Freozepur, to the Court of competent jurisdiction at Moga.

(2.) AS per the office report, service could not be effected as the respondent is not residing at the given address. However, from the perusal of Annexure P -1, it emerges that the respondent has mentioned the same address in the application. In this view of the matter, the service of the respondent is deemed to be complete. As nobody has caused appearance on his behalf, the respondent is proceeded against ex parte.

(3.) AS per Section 9 of the Guardians and Wards Act, an application with respect to the guardian of the person of the minor, shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides. Prima facie, the District Courts at Moga has the jurisdiction to entertain and try the application.