Priyanka v. Parveen Grover

HON'BLE MS. JUSTICE NIDHI GUPTA CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA CORAM: Present:- Kuldeep Singh Siwach, Advocate Mr. Kuldeep Singh Siwach, Advocate for the applicant. None for the respondent (earlier represented by counsel on None for the respondent (earlier represented by counsel on 23.4.2026). NIDHI GUPTA J. (Oral) NIDHI GUPTA J. (Oral)

1. Application filed by applicant is for Prayer in this Transfer Application filed by applicant is for transfer of the petition bearing No.GW/7/2024 filed by respondent- transfer of the petition bearing No.GW/7/2024 filed by respondent transfer of the petition bearing No.GW/7/2024 filed by respondent husband under Section 25 of the Guardian and Wards Act, 1890 read husband under Section 25 of the Guardian and Wards Act, 1890 read husband under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of Hindu Minority and Guardianship Act, 1956 with Section 6 of Hindu Minority and Guardianship Act, 1956 with Section 6 of Hindu Minority and Guardianship Act, 1956 the Act’), titled “Parveen Grover vs. Priyanka” (hereinafter referred as ‘the Act’), titled “Parveen Grover vs. Priyanka” (hereinafter referred as ‘ pending in the Family Court, Jind to a Court of competent jurisdiction at pending in the Family Court, Jind to a Court of competent jurisdiction at pending in the Family Court, Jind to a Court of competent jurisdiction at Fatehabad. Fatehabad.

2. husband has filed the above petition seeking Respondent-husband has filed the above petition seeking custody of the minor sons, namely, Aayush aged 9 years and Urjit aged 7 custody of the minor sons, namely, Aayush aged 9 years and U custody of the minor sons, namely, Aayush aged 9 years and U years who are presently residing with the applicant-wife at Fatehabad. years who are presently residing with the applicant years who are presently residing with the applicant

3. Learned counsel for the applicant, inter alia, submits that: 3. Learned counsel for the applicant, inter alia, submits that: 3. Learned counsel for the applicant, inter alia, submits that: i) that the parties solemnized marriage on 25.2.2014. that the parties solemnized marriage on 25.2.2014. Transfer Application No.415 of 2025 (O & M) Transfer Application No.415 of 2025 (O & M) 2 ii) that two male children were born out of the wedlock that two male children were born out on 20.11.2014 and 13.2.2017 respectively and are in on 20.11.2014 and 13.2.2017 respectively and are in the care and custody of the applicant-wife. the care and custody of the applicant iii) that the distance between the place of residence and that the distance between the place of residence and place of proceedings is 110 kms. (one side). place of proceedings is 110 kms. (one side). v) that as per Section 9 of the Guardian and Wards Act, that as per Section 9 of the Guardian 1890, respondent has to file the petition for custody 1890, respondent has to file the petition for custody of the minor children where they ordinarily reside. of the minor children where they ordinarily reside. vi) That the proceedings arising out of petition That the proceedings arising out of petition Section 125 Cr.P.C. bearing No.MNT/88/2024; Section 125 Cr.P.C. bearing No.MNT/88/2024; petition petition filed under filed under the DV Act bearing the DV Act bea No.COMA/87/2024; and No.COMA/87/2024; and the FIR No.34 dated the FIR No.34 dated

03.9.2024 under Sections 323, 406, 498-A and 506 03.9.2024 under Sections 323, 406, 498 IPC, registered at Women Police Station, Fatehabad, IPC, registered at Women Police Station, Fatehabad, wife, are pending in the Courts filed by the applicant-wife, are pending in the Courts having competent jurisdiction at Fatehabad. having competent jurisdiction at Fatehabad. a petition under Section 13 of the Hindu vii) That a petition under Section 13 of the Hindu Marriage Act, filed by the respondent-husband at Marriage Act, filed by the respondent Jind, has also been transferred to the Court at Jind, has also been transferred to the Court at Fatehabad, by this Court vide order of even date i.e. Fatehabad, by this Court vide order

2025. 21.5.2026 in TA-414-2025. I have heard learned counsel for the applicant. I have heard learned counsel for the applicant. The legal position in such like cases as the present one, is The legal position in such like cases as the present one, is

5. well established. As per Section 9 of the Guardian and Wards Act, 1890, well established. As per Section 9 of the Guardian and Wards Act, 1890, well established. As per Section 9 of the Guardian and Wards Act, 1890, petition for custody is required to be filed where the minor child petition for custody is required to be filed where the minor child petition for custody is required to be filed where the minor child ordinarily resides. In the present case, inarily resides. In the present case, both both minor sons are admittedly residing with applicant at Fatehabad. residing with applicant at

6. In view of the aforesaid legal position, the present Transfer In view of the aforesaid legal position, Application is allowed, subject to the following conditions: Application is allowed , subject to the following conditions:- a) The petition bearing No. ring No. GW/7/2024 filed by respondent-husband under the Act, titled ‘ husband under the Act, titled ‘Parveen ’ pending in the Family Court, Grover vs. Priyanka’ pending in the Family Court, Transfer Application No.415 of 2025 (O & M) Transfer Application No.415 of 2025 (O & M) 3 Jind transferred transferred to a Court of competent to a Court of competent Fatehabad. jurisdiction at Fatehabad. b) The ld. District Judge, Jind is directed to transfer The ld. District Judge, complete record pertaining to the aforesaid case to complete record pertaining to the aforesaid case to District Judge, Fatehabad Fatehabad. c) The parties are directed to appear before the District The parties are directed to appear before the District & Sessions Judge, Fatehabad Fatehabad on 24.6.2026. d) The District Judge, Fatehabad Fatehabad will assign the said rt of competent jurisdiction. petition to the Court of competent jurisdiction.

7. As already noticed above, since the petition is disposed of As already noticed above, since the petition is disposed of and nobody has turned up on behalf of respondent, accordingly, in these and nobody has turned up on behalf of respondent, and nobody has turned up on behalf of respondent, peculiar circumstances, in order to ensure appearance of the parties peculiar circumstances, in order to ensure appearance of the parties peculiar circumstances, in order to ensure appearance of the parties before the District Judge, Fatehabad on 24.6.2026 before the District Judge,

24.6.2026, it is directed that a copy of this order be sent to the respondent and his counsel through copy of this order be sent to the respondent copy of this order be sent to the respondent es sending a copy of this order to the District registered post, besides sending a copy of this order to the District registered post, besid mail. Applicant through her counsel, present Judges concerned through e-mail. Applicant through her counsel, present Judges concerned through e in the Court, is directed to ensure her appearance accordingly. in the Court, is directed to ensure her appearance accordingly. in the Court, is directed to ensure her appearance accordingly. Disposed of. Pending application(s), if any, shall stand(s) disposed of. Pending application(s), if any, shall stand(s) disposed May 21, 202 , 2026 Vijay Asija Vijay Asija ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes / No Whether speaking/reasoned Yes / No Whether Reportable Yes / No Whether Reportable Yes / No