For students this will be very helpful if you know how to draft a Transfer Petition in Supreme Court of India. Follow the steps given below in case of transfer of a divorce case from the family court of one state to another.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(CIVIL) No. OF 202_
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 PETITION FOR ANULLMENT OF MARRIAGE BY A DECREE OF NULLITY PENDING BEFORE THE COURT OF THE PRINCIPAL JUDGE , FAMILY COURT , …, UP WITH CASE BEARING MATRIMONIAL CASE /–/ 202- TITLED AS “X VS Y ” FILED UNDER SECTION 13 OF THE HINDU MARRIAGE ACT 1955 BY THE RESPONDENT AGAINST THE PETITIONER TO THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, AT __- , KOLKATA
AND
IN THE MATTER OF :
Ms X ….Petitioner
COMPLETE ADDRESS
VERSUS
Mr Y
COMPLETE ADDRESS ……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 Petition for Dissolution of Marriage before The Court Of The Principal Judge , Family Court , __, UP, With Case Bearing Matrimonial Case /___/ 202_ Titled As “X VS Y ” Filed Under Section 13 Of The Hindu Marriage Act 1955 by the Respondent against the Petitioner To The Court Of The Principal Judge, Family Court, At __, Kolkata.
- The brief facts leading to the filing of the transfer Petition are as follows:
- In one paragraph mention about the divorce case and submit a copy .A copy of the Petition for Anullment of Marriage is annexed herewith and marked as Annexure P1(Pages __to __ )
- That the petitioner is seeking transfer praying for transfer of Transfer of Petition for Divorce Petition Pending before The Court Of The Principal Judge , Family Court , __, UP, With Case Bearing Matrimonial Case /__/ 2023_ Titled As “X VS Y ” Filed Under Section 13 Of The Hindu Marriage Act 1955 by the Respondent against the Petitioner to The Court Of The Principal Judge, Family Court, At ___ , Kolkata.
- That the Petitioner–wife has not filed any other Transfer Petition before this Hon’ble Court or any other court.
- That the Petitioner is filing this Petition for transfer on the following amongst other grounds.
GROUNDS
1. BECAUSE at present neither the Petitioner nor the Respondent are residing in Uttar Pradesh.
2 All other grounds like other cases pending and also distance etc
PRAYER
In these circumstances , it is most respectfully prayed that this Hon’ble Court may kindly be pleased to :
(i) Pass an Order thereby transferring the Petition for Divorce before The Court Of The Principal Judge , Family Court , __, UP, With Case Bearing Matrimonial Case /_/ 202_ Titled As “X VS Y ” Filed Under Section 13 Of The Hindu Marriage Act 1955 by the Respondent against the Petitioner To The Court Of The Principal Judge, Family Court, At __ , Kolkata.
. (ii) 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:
Conclusion for how to draft a Transfer Petition in Supreme Court of India
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