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POOJA SHARMA @ BHAWANA SHARMA. v. SATISH KUMAR. - CM-16160-2004  RD-P&H 26 (6 January 2006)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.M. No. 16160-CII of 2004.
Date of Decision: 24.1.2006.
Pooja Sharma @ Bhawana Sharma. ...Petitioner.
Satish Kumar. ...Respondent.
Coram: Hon'ble Mr. Justice Hemant Gupta.
Present: Shri Ajay Sangroha, Advocate,
for the petitioner.
Shri Robin Dutt, Advocate,
for the respondent.
The petitioner has sought transfer of petition filed by the respondent under Section 7 read with Section 10 of the Guardian and Ward Act, 1890 (hereinafter to be referred as `the Act'), for appointment of Guardian with respect to the person of minor. The said petition has been filed at Jagadhri. In the petition, it has been pleaded that the minor is residing with his mother in her paternal house, which falls within the jurisdiction Tehsil Dera Bassi, District Rajpura.
C.M. No. 16160-CII of 2004. (2)
The petitioner has sought transfer of the said petition to Rajpura on the ground that the petitioner's life is under threat as the respondent is a man of criminal nature and the respondent may exercise his influence against her.
Once it is the admitted stand of the respondent that the minor is staying with his mother at Dera Bassi falling within the jurisdiction of Tehsil Dera Bassi, District Rajpura, the petition for appointment of a Guardian is maintainable, only before the Courts at Rajpura.
Consequently, the present petition is allowed. The case No. 75- G of 24.11.2003 Satish Kumar Vs. Pooja Sharma, pending in the Court of Civil Judge, Jagadhri, exercising the powers under the Guardian & Ward Act, shall stand transferred to the competent Court at Rajpura.
Parties through their counsel are directed appear before the learned District Patiala on 7.3.2006 on which date the learned District Judge shall entrust the case to the competent Court at Rajpura.
24.1.2006. (Hemant Gupta)
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