FORMAT OF FILING TRANSFER PETITION
Format of filing Transfer Petition in the Supreme Court starts with SYNOPSIS and LIST OF DATES AND EVENTS.
Thereafter the format of Petition is given as under :
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(CIVIL) No. OF 2023
IN THE MATTER OF :
TRANSFER PETITION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE 1908 READ WITH ORDER XLI OF THE SUPREME COURT RULES 2013 FOR TRANSFER OF DIVORCE PETITION PENDING BEFORE THE COURT OF THE PRINCIPAL FAMILY JUDGE, FAMILY COURT,BANGALORE BEARING NO XXXX/2021 TITLED “XYZ VS ABC” TO THE THE COURT OF ADDITIONAL DISTRICT JUDGE AT RANAGHAT, DIST. NADIA, WEST BENGAL
AND
IN THE MATTER OF :
MRS X,
W/O YZ ,
D/O XX,
R/O XXXX ….Petitioner
/Versus/
MR Y
S/O XYZ ,
R/XXX …Respondent
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED.
MOST RESPECTFULLY SHOWETH
- That the Petitioner has invoked the jurisdiction of this Hon’ble Court under section 25 of the Code of Civil Procedure,1908 r/w Order XLI of Supreme Court Rules 2013 praying for transfer of case bearing NO . XXX/2021 filed under section 13(1(ia)(ib)of the Hindu Marriage Act 1955 titled as ““XYZ VS ABC” ” filed by the Respondent against the Petitioner herein seeking divorce from her and same is pending adjudication before the Court of the Principal Family Judge at Bangalore to the Court of the Principal Judge Family Court Ranaghat , West Bengal.
BRIEF FACTS
Brief facts of the case is given in the Format of filing Transfer Petition in the Supreme Court so as to inform the court that the facts itself warrants transfer of the Petition .
GROUNDS
- BECAUSE the Petitioner lives in Ranaghat, West Bengal alongwith her 5 yr old son and is therefore not in a position to travel Alone to Bangalore .
- BECAUSE there are already cases pending in Ranaghat, West Bengal namely FIR No.xxx of 2018 registered under sections 498A/307/379/34 IPC in case bearing No. S.C No xxx pending before the Court of the Ld. A.D.J.F.T.C at Ranaghat, Nadia dist, west Bengal and also Case bearing No xxx of 2018 filed under the Protection of women from Domestic Violence Act 2005 pending before the Court of the Judicial Magistrate 3rd Court at Ranaghat , west Bengal , a maintenance case filed under section 125 crpc bearing Misc Case no xxx of 2018 Pending before the Ld Judicial Magistrate 2nd Court ,Ranaghat, Dist. Naida.
- BECAUSE the Respondent has approached the Court of the Principal Judge, Family Court in Bangalore with unclean hands and not disclosed true facts.
- BECAUSE it is also unsafe for the Petitioner to travel to Bengaluru , as the Respondent could cause harm to the Petitioner as he has done earlier.
- BECAUSE it would be very difficult for the Petitioner to travel all the way to Bangalore alone leaving behind her child and ailing parents and bear the expenses of accommodation.
- BECAUSE it is in the interest of Justice that the Divorce Petition under section 13 1 (ia)(ib) of the Hindu Marriage Act 1955 titled ““XYZ VS ABC” ” pending before the court of the principal family judge bearing no xxx/2021 be transferred to the Court of Additional District Judge at Ranaghat, Dist. Nadia, West Bengal.
- That the Petitioner has not filed any other similar transfer Petition before this Hon’ble Court or any other court for the relief as prayed for in the Present Petition.
PRAYER-
In these circumstances , it is most respectfully prayed that this Hon’ble Court may kindly be pleased to :
- Pass an Order thereby transferring the Divorce Petition bearing No 6637/2021 filed under section 13(1(ia)(ib)of the Hindu Marriage Act 1955
- the Family Court Act titled ““XYZ VS ABC” ” pending before the court of the Principal Family Judge at Bangalore to the Court of Additional District Judge at Ranaghat, Dist. Nadia, West Bengal.
- Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the Case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL AS IN DUTY BOUND EVERY PRAY
Filed by:
Drawn on : XX.XX.2023
Filed on : XX .XX.2023
Supporting Affidavit accompanying the Format of filing Transfer Petition in the Supreme Court
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(CIVIL) No. OF 2023
IN THE MATTER OF
Mrs XYZ ..Petitioner
Vs
Mr. ABC ….Respondent
APPLICATION SEEKING AD-INTERIM EX-PARTE STAY
An application for ex parte stay is accompanied with the transfer petition which is usually allowed once the court is satisfied that there are reasonable grounds for transfer at the time of issuing Notice
Documents required for filing Transfer Petition in Supreme Court
- Copy of Original Petition for which transfer is sought
- Signed Vakalatnama
- Affidavit signed by the party filing the Transfer Petition
- Court fees
GROUNDS FOR FILING TRANSFER PETITION
Financial / monetary difficulty
travelling long distance alone
safety of the person travelling
If there are already cases pending in a particular place for example in divorce cases when the wife has already file DV cases or FIR under s 498A IPC is pending or maintenance case pending it almost always makes it a good ground for transfer in favour of the wife.
Filing of Transfer Petition in the Supreme Court
Transfer Petition once drafted will be filed either Online or physically in the court counter. Thereafter if there are any defects one is given 90 days time to cure the defects. Once listed the Hon’ble Court as per its discretion passes orders which is completely dependent upon the facts and circumstances of the case. The entire Format of filing Transfer Petition in the Supreme Court has been elaborated above.
conclusion
If Notice is issued it is mostly accompanied by stay of proceedings in the Court where the cases are pending . If the respondent chooses to appear in the case and defend himself or herself , he or she may appear in person or through an Advocate-On-Record.
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