Transfer Petition Under Section 25 of the Code of Civil Procedure 1908 before the Hon'ble Supreme Court of India

IN THE SUPPEME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO. __________ OF 20_

IN THE MATTER OF:

_______________                                                   …Petitioner

 VERSUS

________________                                                    …Respondent

 WITH

I.A. NO. _______/20__ : AN APPLICATION FOR INTERIM STAY

P A P E R   B O O K

FOR INDEX PLEASE SEE INSIDE

ADVOCATE FOR THE PETITIONER – ____________

I N D E X

 S Y N O P S I S

The present transfer petition has been preferred by the petitioner/wife, residing at _____, to transfer the divorce petition filed by the respondent before the Family Court,________ to the court of Principal Judge, Family Court,__________.

 The marriage between the petitioner and the respondent was solemnized at ________according to Hindu rites and rituals on _____. Right from the initial days of her marriage, petitioner was treated rudely for the reason that she could not meet the dowry demands raised by the respondent. The respondent used to beat the petitioner and further made demand of Rs. ______. The petitioner is not reproducing the instances of cruelty and other acts of harassment meted out to her by the respondents as the same have already been stated in details in other proceedings between the parties.

The respondent had filed the petition for dissolution of marriage by way of decree of divorce under section 13 of Hindu Marriage Act, 1955 titled as ‘_________before the Hon’ble District Judge,_____. The same has thereafter been transferred to Family Court, ________after creation of new District.

The petitioner is residing at _____. The petitioner is presently employed as ________. On account of her job at _____, the petitioner had to shift to _____ in order to save commuting hassles. The petitioner has a __ year old minor son, who is suffering from a ______ namely ____and needs proper care and regular treatment. The petitioner has also filed a petition u/s 125 Cr.P.C which is currently pending at Family Courts,____.

It has become extremely difficult for the petitioner to pursue the divorce case filed by the respondent which is currently pending at ______which is at a distance of more than ___ from the residence of the petitioner. Furthermore, respondent is a member of ________. It is submitted that there is threat to the life of petitioner at  _______since the respondent is a powerful politician and an influential person at ____.

Therefore the petitioner craves leave of this Hon’ble Court to transfer the petition for dissolution of marriage by way of decree of divorce under section 13 of Hindu Marriage Act, 1955 titled as_______, pending before the Hon’ble District Judge, ______to the Principal Judge, Family Court,______.

LIST OF DATES

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISIDICTION

TRANSFER PETITION (C) NO. __________ OF 20___

 In the matter of :

______

W/o

D/o

R/o

Permanent Address                                                       ……Petitioner

                                                   VERSUS

______

S/o

R/o                                                                                 .….Respondent

TRANSFER PETITION UNDER SECTION 25 OF THE CODE CIVIL PROCEEDURE 1908

To

The Hon’ble the Chief Justice of

India and His companion Justices of

The Supreme Court of India

The Humble petition of the

Petitioner above named

MOST RESPECTFULLY SHEWETH:-

1.    That the petitioner is filing the present transfer petition seeking to transfer the petition for dissolution of marriage by way of decree of divorce under section 13 of Hindu Marriage Act, 1955 titled as ‘________, to the Principal Judge, Family Court, South East District,________.

2.    That the marriage between petitioner and respondent was solemnized at ______according to Hindu rites and rituals on ____.

3.    That soon after the marriage, the petitioner was tortured and harassed for bringing insufficient dowry by the respondent and his family members. The respondent and his family members demanded Rs. ________from petitioner and her family members. The respondent was often beaten, slapped and made to starve by the respondent and his family members.

4.    That the matrimonial life of the petitioner had become a hell and the condition of the petitioner was awful and terrible on account of various acts and omissions of the respondent and his family members. The petitioner, in order to save her matrimonial life and on the assurances of the respondent that he will not repeat the instances of the physical violence and dowry demands, used to go with him time and again. However, the atrocities and dowry demands continued during this tenure. The petitioner is not reproducing all the incidents of cruelties afflicted upon her by the respondent and the same has already been raised in appropriate proceedings.

5.  That the petitioner gave birth to her son namely______ through Caesarean delivery. All the expenses of delivery were borne by the petitioner and her parents.

6.   That the respondent filed a petition for dissolution of marriage by way of decree of divorce under section 13 of Hindu Marriage Act, 1955 before the Hon’ble District Judge,______. The copy of the H.M.A Petition bearing no. ________before the Hon’ble District Judge, Narnaul, Haryana is annexed as Annexure P-1 (pg___ to ____).

7.  That the petitioner had sought transfer of the said case from District ____ to District _____by filing a transfer petition before Hon’ble High Court____. However, the same was dismissed by the Hon’ble High Court vide order dated ___The copy of order dated ____passed by Hon’ble High Court _____in ____is annexed as Annexure P-2 (pg___ to ____).

8.    That the petitioner had also filed a petition for maintenance under Sec. 125 of Cr.PC which is presently pending before Principal Judge, Family Courts____. The copy of the petition filed under Section 125 Cr.P.C. in case no. _____ dated ______ before the______, is annexed as Annexure P-3 (pg___ to ____).

That the petitioner seeks the transfer of the case on the following amongst other grounds :-

G R O U N D S

a.     Because the petitioner is employed and residing at______. The petitioner is presently employed as an ____. On account of her job at____, the petitioner had to shift to _____in order to save commuting hassles.

b.   Because the petitioner has a ___year old minor son, who is suffering from ____and is undergoing regular treatment at ____. The copy of medical documents pertaining to the minor son of the petitioner are annexed as Annexure P-4 (pg___ to ____).

c. Because the respondent is a member of ______and was elected as member of_______. It is submitted that there is threat to the life of petitioner at____ since respondent is powerful politician and influential person at _____. 

d.    Because the respondent has deliberately filed the H.M.A petition at ______with an intention to harass and humiliate the petitioner.

e.     Because it is not possible for the petitioner to participate in the trial at a far off place like ______, without facing undue inconvenience, undue waste of time, energy and money.

f.     Because the petitioner shall suffer undue harassment if she is made to contest the trial at ________.

g.    Because the respondent is trying to take the advantage of the situation to get rid of the petitioner knowing fully well that the petitioner is unlikely to travel to ______with a minor son to contest the H.M.A petition.

h.    Because the petitioner has reasonable apprehensions about her safety in view of the clout of the respondent at____, _____ and considering his political contacts at_____.

i.      Because the respondent by a petition under section 13 for dissolution of marriage is trying to use the judicial process so as to take undue advantage of the limitations and inability of the petitioner to contest the trial at_______. 

j.  Because the petitioner shall be prejudiced and may not be able to effectively put forward her defence if the said case is tried and adjudicated at _________.

k.    Because the petitioner is currently residing in ____hence, it will be in the interest of justice if the sec-13 H.M.A Act petition instituted by the respondent is transferred to_____.

l.      Because the respondent is rich enough and by all means has all capacities to contest the Sec-13 H.M.A Act petition at______.

m.  Because the trial is still at initial stages and evidence has not even commenced.

10.   That the petitioner has not filed any other petition before this Hon’ble Court seeking the same relief.

PRAYER

It is most humbly prayed that this Hon’ble Court may graciously be pleased:

a)       To transfer the petition for dissolution of marriage by way of decree of divorce under section 13 of Hindu Marriage Act, 1955 titled as ______ to______.

b)       To pass any other order or further orders that this Hon’ble Court may deem fit and proper in the interest of justice.

FOR WHICH ACT OF KINDNESS THE HUMBLE PETITIONER SHALL AS IN DUTY BOUND EVER PRAY.

Drawn & Filed by:                                    

                                                         Advocate for the Petitioner

New Delhi

Drawn on :

IN THE SUPPEME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO. __________ OF 20__

IN THE MATTER OF:

_______________                                                   …Petitioner

 VERSUS

________________                                                    …Respondent

A F F I D A V I T

I, _____, wife of _____D/o___, R/o ____presently at ___ do hereby solemnly affirm and declare as under-

1.       I am the petitioner in the above mentioned Transfer Petitioner and conversant with the facts of the case, and thus competent to swear this affidavit.

2.       I state that I have read and understood the contents of the Synopsis (pg ___ to ____), List of Dates (pg __ to ___), the Transfer Petition, para 1 to 10 (pg__ to ___) and say that the contents thereof are true and correct to the best of my knowledge and belief.

3.     That the annexure produced along with are true copies of the respective originals.

4.       The contents and averments of Transfer Petition as well as applications for ad-Interim stay and exemption from filing official translation above are true and correct to the best of my knowledge and belief and nothing material has been concealed there from.

DEPONENT

Verification

Verified at New Delhi on this _____day that the contents of the present affidavit are true and correct to the best of my knowledge and belief.

DEPONENT

IN THE SUPPEME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. No. __________ of 20__

IN

TRANSFER PETITION (Civil) NO. __________ OF 20_

IN THE MATTER OF:

 ___________                                             …Petitioner

 VERSUS

 ______________                                    …Respondent

AN APPLICATION FOR INTERIM STAY

To

The Hon’ble the Chief Justice of

India and His companion Justices

of The Supreme Court of India

The Humble petition of the

Petitioner above named

MOST RESPECTFULLY SHEWETH:-

1.             That the petitioner is filing the present transfer petition seeking to transfer the petition for dissolution of marriage by way of decree of divorce under section 13 of Hindu Marriage Act, 1955 titled as ‘________, to the Principal Judge, Family Court, South East District,________ and the facts of the same are not being repeated herein for the sake of brevity and same may be read as part of present application. 

2.     It is submitted that the petitioner is employed and residing at____. The petitioner is presently employed as_______. On account of her job, the petitioner had to shift to _____in order to save commuting hassles. The petitioner has a __ year old minor son, who is suffering from ______ and needs proper care and regular treatment.

3.   That it is not possible for the petitioner to participate in the trial at _______without facing undue inconvenience, undue waste of time, energy and money.

4.             That the petitioner has reasonable apprehensions about her safety in view of the clout of the respondent at ____.   

5.             That the petitioner shall be prejudiced and may not be able to effectively put forward her defence if the said case is tried and decided at_____.

6.      That the respondent is rich enough and by all means has all capacities to contest his matters at_____. 

7.             In view of the above submissions, it is most respectfully submitted that this Hon'ble Court may have kind indulgence to allow the prayer of the Petitioner, as she has made out a prima facie case and balance of convenience is also in favour of the Petitioner and attending the proceedings at ______will cause undue hardships to her.

P R A Y E R

          It is most respectfully submitted that this Hon’ble Court may be:-

A)         Pleased to stay the proceedings of the petition for dissolution of marriage by way of decree of divorce under section 13 of Hindu Marriage Act, 1955 titled as ‘_____to the Principal Judge, Family Court, _________till the disposal of the present petition.

B)            Pass such other or further order(s) as this Hon'ble Court deems fit and proper.

Drawn & Filed by:

                                                         Advocate for the Petitioner

New Delhi

Drawn on :