Neki Nalwa v. Gurvinderjit Singh & Ors.

CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Rishi Kaushal, Advocate for the applicant ***** Jitendra Chauhan, J.(Oral) The present application under Section 24 of the Code of Civil Procedure has been filed by the applicant, seeking transfer of the case RT22/25.2.006, titled as “Gurvinderjit Singh versus General Public and others” under the Hindu Minority and Guardianship Act, 1956 from the Court of learned Civil Judge, Senior Division, Mohali to some other court of competent jurisdiction in the same district. The learned counsel for the applicant submits that the applicant being mother of the minor, is the natural guardian and is entitled to the custody of the minor child. The applicant is facing the trial in a criminal case and the same is at the fag end. A request was made for longer adjournment but the learned trial Court declined the prayer made and started TA No.128 of 2012 granting short dates. 2 I have heard the learned counsel for the applicant and have gone through the case file. There is no force in the arguments raised by the learned counsel for the applicant. The similar request made by the applicant has already been declined by the learned District and Sessions Judge, Ropar. A transfer should not readily be granted for any fancied notion of a litigant. The yardstick is “in the interest of justice”. The applicant should repose confidence in judicial delivery system. The apprehension of the applicant is baseless and deserves to be rejected. No sufficient ground is made out to transfer the case. The case relates to the custody of a minor child, which is to be disposed of as early as possible. In view of the above, the present application is dismissed.

24.4.2012 (JITENDRA CHAUHAN) JUDGE