TA-68-2026 (O IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 149+234 Gurmitter Singh and others Gurmeet Singh CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. are maternal uncle mother (Nani) petition filed by Wards Act 1890 ‘Gurmeet Singh vs. Gurmitter learned Additional Principal Judge, Family Court, Division, Sangrur Sessions Division, Karnal. 2. 2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-68 Date of Decision: Gurmitter Singh and others Versus Singh CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Nitin Sansanwal, Advocate for the petitioners. Mr. NS Gill, Advocate for the respondent. NIDHI GUPTA, J. (ORAL) By way of filing the present petition, the petitioner are maternal uncle (Mama), maternal aunt (Nani) and maternal aunt (Mausi) filed by the respondent under Sections Wards Act 1890 (for short-‘the Act’) bearing Gurmeet Singh vs. Gurmitter Singh and others’, learned Additional Principal Judge, Family Court, Division, Sangrur to the Court of competent jurisdiction at Assandh, Division, Karnal. Learned counsel for the petitioner i) Marriage of sister of petitioner No. 1, namely, Baljinder Kaur, was solemnized with the respo on 23.11.2010. ii) One son is born out of the said wedlock on 19.06.2015, who is currently of the petitioners/Maternal Family. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 68-2026 (O&M) Date of Decision: 25.05.2026 .… Petitioners .... Respondent CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Nitin Sansanwal, Advocate for the petitioners. Mr. NS Gill, Advocate for the respondent. By way of filing the present petition, the petitioners who , maternal aunt (Mami), maternal grand- (Mausi), are seeking transfer of under Sections 25 of the Guardian and bearing No. GW/7/2025 titled as Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions competent jurisdiction at Assandh, arned counsel for the petitioner, inter alia, submits that:- Marriage of sister of petitioner No. 1, namely, Baljinder Kaur, was solemnized with the respondent is born out of the said wedlock on 19.06.2015, who is currently in the care and custody /Maternal Family. RISHU KATARIA 2026.05.26 19:24 I attest to the accuracy and authenticity of this order/judgment. TA-68-2026 (O 3. allowed; and petition bearing No. GW/7/2025 titled as ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions Division, Sangrur transferred Division, Karnal. 4. aforesaid submissions of learned counsel for the petitioners that the respondent being father of the mi petition before the learned Family Court, Moonak, Sessions Division, Sangrur. 5. 6. well established. required to be filed where the minor child ordinarily resides. In the present case, minor Karnal. 2026 (O&M) -2- iii) As Baljinder Kaur was suffering from cancer, the respondent had thrown from the matrimonial home November, 2023. Unfortunately, she expired on 05.12.2023 Copy death certificate of Baljinder Kaur is Annexure P minor child is in care and custody of the present petitioners. iv) The minor child is Assandh. It is accordingly, prayed that the present petition may be allowed; and petition bearing No. GW/7/2025 titled as ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions Division, Sangrur to the Court of competent jurisdiction at Assandh, Sessions Division, Karnal. Learned counsel for the respondent is unable to dispute the aforesaid submissions of learned counsel for the petitioners that the respondent being father of the minor child had filed the aforesaid petition before the learned Family Court, Moonak, Sessions Division, I have heard learned counsel for the parties. The legal position in such like cases as the present one, is well established. As per Section 9 of the required to be filed where the minor child ordinarily resides. In the present case, minor son admittedly residing with As Baljinder Kaur was suffering from cancer, the her out along with minor son from the matrimonial home in the month of November, 2023. Unfortunately, she expired on death certificate dated 21.12.2023 Kaur is Annexure P-3. Since, then the minor child is in care and custody of the present minor child is studying in JPS Academy, that the present petition may be allowed; and petition bearing No. GW/7/2025 titled as ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions Division, Sangrur be the Court of competent jurisdiction at Assandh, Sessions Learned counsel for the respondent is unable to dispute the aforesaid submissions of learned counsel for the petitioners; and submits nor child had filed the aforesaid petition before the learned Family Court, Moonak, Sessions Division, I have heard learned counsel for the parties. The legal position in such like cases as the present one, is As per Section 9 of the Act, petition for custody is required to be filed where the minor child ordinarily resides. In the present residing with the petitioners at Assandh at The legal position in such like cases as the present one, is , petition for custody is required to be filed where the minor child ordinarily resides. In the present Assandh at RISHU KATARIA 2026.05.26 19:24 I attest to the accuracy and authenticity of this order/judgment. TA-68-2026 (O 7. it appropriate to allow the present petition, subject to the conditions: 8. between the parties, will accommodate them with one date in one calendar month. 9. 10. 25.05.2026 rishu 2026 (O&M) -3- After going through the entire paper it appropriate to allow the present petition, subject to the conditions:- a) The petition bearing ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions Division, Sangrur transferred to the Court of competent jurisdiction at Assandh, Sessions Division, b) The learned District Judge, transfer complete record pertaining to the aforesaid case to District Judge, Karnal. c) The parties are directed to appear before the Judge, Karnal on 25.06.2026. d) The District Judge, Karnal petition to the Court of competent jurisdiction The Court concerned, where the litigation between the parties, will accommodate them with one date in one calendar month. The present petition stands disposed of, Pending application(s), if any, shall also stand disposed of. .05.2026 Whether speaking/reasoned Whether Reportable After going through the entire paper-book, this Court deems it appropriate to allow the present petition, subject to the following No. GW/7/2025 titled as ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, Family Court, Moonak, Sessions Division, Sangrur is to the Court of competent jurisdiction at Assandh, Sessions Division, Karnal. District Judge, Sangrur is directed to record pertaining to the aforesaid Karnal. The parties are directed to appear before the District .06.2026. Karnal will assign the said petition to the Court of competent jurisdiction. The Court concerned, where the litigation is pending between the parties, will accommodate them with one date in one disposed of, in the above terms. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No this Court deems following GW/7/2025 titled as ‘Gurmeet Singh vs. Gurmitter Singh and others’, pending before the learned Additional Principal Judge, is to the Court of competent jurisdiction at RISHU KATARIA 2026.05.26 19:24 I attest to the accuracy and authenticity of this order/judgment.