NEHA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition filed under Sec. 25 of the Guardians and Wards Act, 1890, titled as Shero Devi and another vs. Neha and another, pending before the Family Court, Kurukshetra to the competent Court of jurisdiction at Ambala.

(2.) Learned counsel for the petitioner has argued that on account of a matrimonial discord, the petitioner has filed a petition under Sec. 125 Cr.P.C. as well as a petition under Sec. 13 of the Hindu Marriage Act at Ambala, which are pending. It is further submitted that as a counter-blast to the aforesaid cases, the respondent-husband has filed the present petition under Sec. 25 of the Guardians and Wards Act, 1890 at Kurukshetra in order to harass the petitioner. It is further submitted that the petitioner is facing great difficulty in prosecuting the said case, as there is a distance of about 55 Kms between the aforesaid two places.

(3.) Learned counsel for the petitioner further submits that as per Sec. 9 of the Guardians and Wards Act, 1890, the jurisdiction will be at a place, where the minor child is residing.