The High Court dealt with a transfer request in a custody matter under the Hindu Minority and Guardianship Act, 1956, and the Guardians and Wards Act, 1890. The petition challenged the jurisdiction of the court where the custody case was originally filed.

The minor child had been residing with the father and grandparents at Sirsa since the parties’ separation. The child was studying there, making Sirsa his ordinary place of residence. The custody petition was filed by the mother at Ludhiana nearly a year after separation, despite the child not living there.

The Court reaffirmed that, under Section 9 of the Hindu Minority and Guardianship Act, petitions for custody must be filed where the minor ordinarily resides. Considering the 200 km distance between Ludhiana and Sirsa and the resulting inconvenience to the child and the father, the Court found the transfer justified.

The Court ordered that the custody case be transferred from the Family Court at Ludhiana to the District Judge, Sirsa, who would assign it to a competent court. Both parties were directed to appear before the District & Sessions Judge, Sirsa, on the specified date.

The judgment reaffirmed the legal principle of jurisdiction based on the child’s residence and ensured that proceedings occur in a manner consistent with the child’s welfare and convenience.