IN THE HIGH COURT OF PUNJAB AND HARYANA 235 Priyanka Parveen Grover CORAM: Present:- NIDHI GUPTA J. (Oral) 1. transfer of the petition bearing No.GW/7/2024 filed by respondent husband under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of Hindu Minority and Guardianship Act, 1956 (hereinafter referred as ‘ pending in the Family Court, Jind to a Court of competent jurisdiction at Fatehabad. 2. custody of the minor sons, namely, Aayush aged 9 years and U years who are presently residing with the applicant 3. Learned counsel for the applicant, inter alia, submits that: Transfer Application No.415 of 2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Transfer Application Date of decision :-21.05.2026 Priyanka Versus Parveen Grover CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Kuldeep Singh Siwach, Advocate for the applicant. None for the respondent (earlier represented by counsel on 23.4.2026). NIDHI GUPTA J. (Oral) Prayer in this Transfer Application filed by applicant is for transfer of the petition bearing No.GW/7/2024 filed by respondent husband under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of Hindu Minority and Guardianship Act, 1956 (hereinafter referred as ‘the Act’), titled “Parveen Grover vs. Priyanka” pending in the Family Court, Jind to a Court of competent jurisdiction at Fatehabad. Respondent-husband has filed the above petition seeking custody of the minor sons, namely, Aayush aged 9 years and U years who are presently residing with the applicant 3. Learned counsel for the applicant, inter alia, submits that: i) that the parties solemnized marriage on 25.2.2014. Transfer Application No.415 of 2025 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH No.415 of 2025 (O & M) .05.2026 …..Applicant …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Kuldeep Singh Siwach, Advocate None for the respondent (earlier represented by counsel on Application filed by applicant is for transfer of the petition bearing No.GW/7/2024 filed by respondent- husband under Section 25 of the Guardian and Wards Act, 1890 read with Section 6 of Hindu Minority and Guardianship Act, 1956 the Act’), titled “Parveen Grover vs. Priyanka” pending in the Family Court, Jind to a Court of competent jurisdiction at husband has filed the above petition seeking custody of the minor sons, namely, Aayush aged 9 years and Urjit aged 7 years who are presently residing with the applicant-wife at Fatehabad. 3. Learned counsel for the applicant, inter alia, submits that: that the parties solemnized marriage on 25.2.2014. VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 4. 5. 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 ordinarily resides. In the present case, residing with applicant at 6. Application is allowed Transfer Application No.415 of 2025 (O & M) ii) that two male children were born out on 20.11.2014 and 13.2.2017 respectively and are in the care and custody of the applicant iii) that the distance between the place of residence and place of proceedings is 110 kms. (one side). v) that as per Section 9 of the Guardian 1890, respondent has to file the petition for custody of the minor children where they ordinarily reside. vi) That the proceedings arising out of petition Section 125 Cr.P.C. bearing No.MNT/88/2024; petition filed under the DV Act bea No.COMA/87/2024; and the FIR No.34 dated 03.9.2024 under Sections 323, 406, 498 IPC, registered at Women Police Station, Fatehabad, filed by the applicant-wife, are pending in the Courts having competent jurisdiction at Fatehabad. vii) That a petition under Section 13 of the Hindu Marriage Act, filed by the respondent Jind, has also been transferred to the Court at Fatehabad, by this Court vide order 21.5.2026 in TA-414-2025. I have heard learned counsel for the applicant. The legal position in such like cases as the present one, is 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 inarily resides. In the present case, both residing with applicant at Fatehabad. In view of the aforesaid legal position, Application is allowed, subject to the following conditions: a) The petition bearing No. respondent-husband under the Act, titled ‘ Grover vs. Priyanka’ pending in the Family Court, Transfer Application No.415 of 2025 (O & M) 2 that two male children were born out of the wedlock on 20.11.2014 and 13.2.2017 respectively and are in the care and custody of the applicant-wife. that the distance between the place of residence and place of proceedings is 110 kms. (one side). that as per Section 9 of the Guardian and Wards Act, 1890, respondent has to file the petition for custody of the minor children where they ordinarily reside. That the proceedings arising out of petition under Section 125 Cr.P.C. bearing No.MNT/88/2024; petition filed under the DV Act bearing No.COMA/87/2024; and the FIR No.34 dated 03.9.2024 under Sections 323, 406, 498-A and 506 IPC, registered at Women Police Station, Fatehabad, wife, are pending in the Courts having competent jurisdiction at Fatehabad. a petition under Section 13 of the Hindu Marriage Act, filed by the respondent-husband at Jind, has also been transferred to the Court at Fatehabad, by this Court vide order of even date i.e. 2025. I have heard learned counsel for the applicant. The legal position in such like cases as the present one, is 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 both minor sons are admittedly In view of the aforesaid legal position, the present Transfer , subject to the following conditions:- ring No. GW/7/2024 filed by husband under the Act, titled ‘Parveen ’ pending in the Family Court, VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document 7. and nobody has turned up on behalf of respondent, peculiar circumstances, in order to ensure appearance of the parties before the District Judge, copy of this order be sent to the respondent registered post, besid Judges concerned through e in the Court, is directed to ensure her appearance accordingly. May 21, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.415 of 2025 (O & M) Jind is transferred to a Court of competent jurisdiction at Fatehabad. b) The ld. District Judge, complete record pertaining to the aforesaid case to District Judge, Fatehabad c) The parties are directed to appear before the District & Sessions Judge, Fatehabad d) The District Judge, Fatehabad petition to the Court of competent jurisdiction. As already noticed above, since the petition is disposed of and nobody has turned up on behalf of respondent, peculiar circumstances, in order to ensure appearance of the parties before the District Judge, Fatehabad on 24.6.2026 copy of this order be sent to the respondent registered post, besides sending a copy of this order to the District Judges concerned through e-mail. Applicant through her counsel, present in the Court, is directed to ensure her appearance accordingly. Disposed of. Pending application(s), if any, shall stand(s) disposed , 2026 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Transfer Application No.415 of 2025 (O & M) 3 is transferred to a Court of competent Fatehabad. The ld. District Judge, Jind is directed to transfer complete record pertaining to the aforesaid case to Fatehabad. The parties are directed to appear before the District Fatehabad on 24.6.2026. Fatehabad will assign the said rt of competent jurisdiction. As already noticed above, since the petition is disposed of and nobody has turned up on behalf of respondent, accordingly, in these peculiar circumstances, in order to ensure appearance of the parties 24.6.2026, it is directed that a copy of this order be sent to the respondent and his counsel through es sending a copy of this order to the District mail. Applicant through her counsel, present in the Court, is directed to ensure her appearance accordingly. Pending application(s), if any, shall stand(s) disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.05.25 20.48 I attest to the accuracy and integrity of this document