Gurmitter Singh Gurmitter Singh & Ors. v. Singh Gurmeet Singh

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Nitin Sansanwal, Advocate for the petitioners. Mr. Nitin Sansanwal, Advocate for the petitioners. Mr. NS Gill, Advocate for the respondent. Mr. NS Gill, Advocate for the respondent. NIDHI GUPTA, J. (ORAL) NIDHI GUPTA, J. (ORAL)

1. By way of filing the present petition, the petitioners who By way of filing the present petition, the petitioner are maternal uncle (Mama), maternal aunt are maternal uncle , maternal aunt (Mami), maternal grand- mother (Nani) (Nani) and maternal aunt (Mausi) (Mausi), are seeking transfer of petition filed by filed by the respondent under Sections under Sections 25 of the Guardian and Wards Act 1890 (for short-‘the Act’) bearing Wards Act 1890 bearing No. GW/7/2025 titled as Gurmeet Singh vs. Gurmitter Singh and others’, ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions learned Additional Principal Judge, Family Court, learned Additional Principal Judge, Family Court, competent jurisdiction at Assandh, Division, Sangrur to the Court of competent jurisdiction at Assandh, Division, Sangrur Division, Karnal. Sessions Division, Karnal.

2. Learned counsel for the petitioner arned counsel for the petitioner, inter alia, submits that:- i) Marriage of sister of petitioner No. 1, namely, Marriage of sister of petitioner No. 1, namely, Baljinder Kaur, was solemnized with the respondent Baljinder Kaur, was solemnized with the respo on 23.11.2010. is born out of the said wedlock on ii) One son is born out of the said wedlock on 19.06.2015, who is currently in the care and custody 19.06.2015, who is currently /Maternal Family. of the petitioners/Maternal Family. TA-68-2026 (O 2026 (O&M) -2- the matrimonial home the matrimonial home iii) As Baljinder Kaur was suffering from cancer, the As Baljinder Kaur was suffering from cancer, the respondent had thrown her out along with minor son the month of November, 2023. Unfortunately, she expired on November, 2023. Unfortunately, she expired on death certificate dated 21.12.2023 05.12.2023 Copy death certificate Kaur is Annexure P-3. Since, then the of Baljinder Kaur is Annexure P minor child is in care and custody of the present minor child is in care and custody of the present petitioners. iv) The minor child is minor child is studying in JPS Academy, Assandh.

3. that the present petition may be It is accordingly, prayed that the present petition may be allowed; and petition bearing No. GW/7/2025 titled as ‘Gurmeet Singh allowed; and petition bearing No. GW/7/2025 titled as ‘Gurmeet Singh allowed; and petition bearing No. GW/7/2025 titled as ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional vs. Gurmitter Singh and others’, pending before the learned Additional vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions Division, Sangrur be Principal Judge, Family Court, Moonak, Sessions Division, Sangrur Principal Judge, Family Court, Moonak, Sessions Division, Sangrur transferred the Court of competent jurisdiction at Assandh, Sessions to the Court of competent jurisdiction at Assandh, Sessions Division, Karnal. Division, Karnal.

4. Learned counsel for the respondent is unable to dispute the Learned counsel for the respondent is unable to dispute the aforesaid submissions of learned counsel for the petitioners; and submits aforesaid submissions of learned counsel for the petitioners aforesaid submissions of learned counsel for the petitioners nor child had filed the aforesaid that the respondent being father of the minor child had filed the aforesaid that the respondent being father of the mi petition before the learned Family Court, Moonak, Sessions Division, petition before the learned Family Court, Moonak, Sessions Division, petition before the learned Family Court, Moonak, Sessions Division, Sangrur.

6. I have heard learned counsel for the parties. I have heard learned counsel for the parties. The legal position in such like cases as the present one, is The legal position in such like cases as the present one, is The legal position in such like cases as the present one, is well established. As per Section 9 of the well established. , petition for custody is As per Section 9 of the Act, petition for custody is required to be filed where the minor child ordinarily resides. In the present required to be filed where the minor child ordinarily resides. In the present required to be filed where the minor child ordinarily resides. In the present required to be filed where the minor child ordinarily resides. In the present case, minor son admittedly residing with case, minor Assandh at residing with the petitioners at Assandh at Karnal. TA-68-2026 (O 2026 (O&M) -3-

7. this Court deems After going through the entire paper-book, this Court deems After going through the entire paper following it appropriate to allow the present petition, subject to the following it appropriate to allow the present petition, subject to the it appropriate to allow the present petition, subject to the conditions:- conditions: a) b) c) d) GW/7/2025 No. GW/7/2025 The petition bearing titled as titled as ‘Gurmeet Singh vs. Gurmitter Singh and others’, ‘Gurmeet Singh vs. Gurmitter Singh and others’, ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, pending before the learned Additional Principal Judge, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions Division, Sangrur is Family Court, Moonak, Sessions Division, Sangrur to the Court of competent jurisdiction at transferred to the Court of competent jurisdiction at to the Court of competent jurisdiction at Assandh, Sessions Division, Karnal. Assandh, Sessions Division, District Judge, Sangrur is directed to The learned District Judge, transfer complete record pertaining to the aforesaid record pertaining to the aforesaid Karnal. case to District Judge, Karnal. The parties are directed to appear before the District The parties are directed to appear before the .06.2026. Judge, Karnal on 25.06.2026. The District Judge, Karnal petition to the Court of competent jurisdiction. petition to the Court of competent jurisdiction Karnal will assign the said

8. The Court concerned, where the litigation is pending The Court concerned, where the litigation between the parties, will accommodate them with one date in one between the parties, will accommodate them with one date in one between the parties, will accommodate them with one date in one calendar month. calendar month.

10. The present petition stands disposed of, disposed of, in the above terms. Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. .05.2026

25.05.2026 ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No