ARCHANA PURI Vs. RAKESH KUMAR

JUDGEMENT

(1.) Prayer in this petition is for transfer of the petition i.e. GW No.33 of 2023 filed by respondent No.1-husband under Sec. 25 of Guardian and Wards Act read with Sec. 6 of Hindu Minority and Guardianship Act, pending before the Family Court, Kapurthala to the competent Court of jurisdiction at Balachaur, District SBS Nagar.

(2.) Learned counsel for the petitioner has argued that on account of matrimonial discord, the petitioner has registered an FIR under Ss. 406 and 498-A IPC, at Police Station City Balachaur. It is further submitted that the petitioner is facing great difficulty in prosecuting the petition filed by respondent No.1, as there is a distance of about 120 kms between Balachaur and Kapurthala. It is also submitted that even otherwise, the petition under Sec. 25 of the Act is maintainable at the place, where the child is residing. It is next submitted that TA-1116-2023, praying for transfer of petition under Sec. 9 of Hindu Marriage Act, filed by the respondent-husband, stands allowed on 1/9/2023.

(3.) Learned counsel has further contended that the petitioner is having a minor child, who is living in her care and custody and she is facing difficulty to defend the case, as she has to travel from Balachaur to Kapurthala.