Jammu & Kashmir High Court
Jatinder Kour vs Manpreet Singh on 7 March, 2025
Sr. No.28
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
TrP(C) No.31/2022
CM No.5925/2022
Jatinder Kour ....Petitioner/Appellant(s)
Through :- Mr. Abhishek Gupta, Advocate.
V/s
Manpreet Singh ....Respondent(s)
Through :- None.
Coram: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER
07.03.2025
01. Respondent despite service is absent, hence set exparte and the present
petition has been taken on board for consideration on merits.
02. Petitioner is aggrieved of an application preferred by the respondent in the
Court of learned Additional District Judge Pulwama [“the trial Court”] under
Section 25 of the Guardians and Wards Act, 1890 (“the Act”, for short), to claim
guardianship of minor child.
03. The case set out by the petitioner is that she entered into a wedlock with
the respondent on 04.10.2020 as per Sikh Rites at Ujh Rajbagh, District Kathua
and they were blessed with a son. It is allegation of the petitioner that after she
was thrown out of the matrimonial home, she along with her child is living in her
paternal home at Kathua, where she has preferred a maintenance petition titled
„Jatinder Kour & Anr. V. Manpreet Singh in the Court of learned Sub-Judge
Special Mobile Magistrate Kathua. It is also alleged by the petitioner that as a
counterblast to the said petition, respondent has preferred the aforesaid
2
application for guardianship of the child in the Court of learned Additional
District Judge, Pulwama.
04. The petitioner seeks transfer of the aforesaid application, primarily on the
ground that it is only the court, where the child resides, is competent to entertain
a petition for guardianship, in terms of Section 9 of the Act.
05. Section 9 of the Act, for the facility of reference thus, reads as below:
“9. Court having jurisdiction to entertain application
(1) If the application is with respect to the
guardianship of the person of the minor, it shall be
made to the District Court having jurisdiction in the
place where the minor ordinarily resides.
(2) xxx xxx xxx
(3) xxx xxx xxx."
06. It is evident from the aforequoted provision that an application with
respect to the guardianship of the person of the minor can be made to the District
Court having jurisdiction in the place where the minor ordinarily resides.
07. The present address of the petitioner, in the application preferred by the
respondent for guardianship of the minor has been reflected as Gurduwara Hardo
Muthi Rajbagh, District Kathua. It is also averred by the respondent in his
application for guardianship that the petitioner has deserted him and has left the
matrimonial home along with the child. Therefore, it is evident from the contents
of the petition preferred by the respondent for guardianship in the Court of
learned Additional District Judge, Pulwama that the minor along with his
mother, the petitioner resides in Kathua, therefore, the said Court lacks
jurisdiction to entertain the petition and grant the relief prayer for.
08. Having regard to the aforesaid, the present petition is allowed and the
application preferred by the respondent, under Section 25 of the Guardians and
Wards Act titled „Manpreet Singh V. Chani Kour alias Jatinder Kour‟, file
3No.13/2022 is transferred from the files of learned Additional District Judge
Pulwama to the Court of learned Principal District Judge, Kathua for trial.
Petitioner shall appear before the transferee Court on 08.04.2025.
09. Disposed of.
10. Copy of this order be sent to the transferer and transferee Courts for
compliance.
(Rajesh Sekhri)
Judge
JAMMU
07.03.2025
Eva
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