Counter Affidavit Format for Supreme Court Transfer Petition Reply

FORMAT OF REPLY/ COUNTER AFFIDAVIT

There is no fixed format for drafting a counter affidavit/ reply against a transfer petition in the Supreme Court, as the facts and context differ in every case. However a sample draft is given below which may help in drafting a counter affidavit against Transfer Petition at some extent.

IN THE HON’BLE SUPREME COURT OF INDIA
[CIVIL ORIGINAL JURISDICTION]

Transfer Petition (Civil) No. ___ of 2025

IN THE MATTER OF:

Name of the Petitioner                                                                                       … Petitioner
                                                                Versus
Name of the Respondent                                                                                   … Respondent

COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT:-

I, [Respondent’s Name], S/o [Father's Name], aged about __ years, resident of [Address], do hereby solemnly affirm and state as under:

Preliminary Submissions:

A. That I am the Respondent in the above-mentioned Transfer Petition and as such am well acquainted with the facts and circumstances of the present case and competent to swear this affidavit.

B. That the contents of the Transfer Petition filed by the Petitioner are misleading, vague, and contain material misrepresentations. The Petitioner has not approached this Hon’ble Court with clean hands and has suppressed vital facts relevant for the just adjudication of the matter.

Brief Facts of the Case:

1.     The marriage between the parties was solemnized on [Date] at [Place]. After the marriage, the parties lived together at [Place] until [Date], when the Petitioner left the matrimonial home on her own volition.

2.     I have filed a petition for [e.g., Restitution of Conjugal Rights/Divorce/Custody etc.] bearing Case No. _/20 before the Hon’ble Family Court at [City], which is pending adjudication. The proceedings have reached an advanced stage.

Reply to the Transfer Petition:

A.    That the Petitioner has sought transfer of the above-mentioned case from [Court Name, City] to [Court Name, City] on the alleged grounds of inconvenience and threat to personal safety. The said grounds are false, unsubstantiated, and designed solely to delay the pending proceedings.

B.    It is denied that the Petitioner is facing any hardship in attending the proceedings. The distance between the two cities is manageable, and regular trains/flights are available. Furthermore, the Petitioner is financially independent and fully capable of undertaking the travel.

C.    It is further submitted that I am employed at [Place] and have aged parents to take care of. Transferring the matter would cause me irreparable hardship and prejudice.

D.    The Petitioner has deliberately concealed that she is already attending proceedings under [e.g., Section 125 CrPC/DV Act] before the competent court at [City], which belies her claim of hardship in travelling.

E.      It is submitted that the Petitioner has not produced any medical or documentary evidence to support her alleged inconvenience.

Declaration:- A declaration must be given in the following words-

The facts which are pleaded in the lower court are also similar in the present Counter Reply.

Prayer:

In view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

a) Dismiss the Transfer Petition as being devoid of merit and filed with oblique motives;
b) Pass any other order(s) deemed just and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE RESPONDENT AS IN DUTY BOUND SHALL EVER PRAY.

DEPONENT

(Respondent’s Name)

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of the above counter affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.

Verified at [Place] on this __ day of [Month, Year].

DEPONENT

(Respondent’s Name)