F.A.O No.4845 of 2006 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
F.A.O No.4845 of 2008
Date of Decision: 06.11.2009
Jagdish Singh and another
....Appellants
Versus
Gurdip Kaur
...Respondent
CORAM : Hon'ble Ms. Justice Nirmaljit Kaur
Present:- Mr. Arun Singla, Advocate
for Mr. Parveen Kumar, Advocate
for the appellants.
Mr. Sandeep Vermani, Advocate
for respondent No.1.
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1. Whether Reporters of Local Newspapers may be
allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the
Digest ?
**
NIRMALJIT KAUR, J. (ORAL)
The present appeal has been filed against the Order dated
09.09.2006, passed by Civil Judge (Senior Division), Hoshiapur, vide which
the petition under Section 25 of the Guardian and Wards Act, for cusotdy
of the minor child, namely, Gurinder Preet Singh, has been declined, on
the ground of territorial jurisdiction. While refusing to entertain the petition,
the Civil Judge (Senior Division) Hoshiarpur, held that it is the District
Courts at Jalandhar that have the territorial jurisdiction and not the District
Courts at Hoshiarpur.
While challenging the said order, the only grievance raised by
learned counsel for the appellants is that no liberty has been granted to the
F.A.O No.4845 of 2006 2
appellants to file the petition at Hoshiarpur.
In view of the limited prayer, the appeal is disposed of with
liberty to the appellants to file the petition in the appropriate Court of
Jurisdiction. Learned counsel for the respondent has no objection to the
grant of such a prayer.
Disposed of with liberty as prayed for.
(NIRMALJIT KAUR)
06.11.2009 JUDGE
gurpreet