Format Of Transfer Petition In The Supreme Court

TRANSFER PETITION IN THE MATRIMONIAL CASE:-

Transfer Petition related to matrimonial cases i.e Divorce case, Restitution of conjugal rights (RCR), Maintenance Case, 498A IPC, Domestic Violence Case (D.V Case) from one State to another State, comes under the original jurisdiction of the Supreme Court. The procedure of filing a transfer petition in the Supreme Court is governed by the Supreme Court Rules 2013. There are two types of Transfer petitions i.e. Transfer Petition (Civil) and Transfer Petition (Criminal). In the Supreme Court Transfer Petition (Civil) is being filed Under Section 25 of the Code of Civil Procedure read with Order XLI of the Supreme Court Rules 2013 and a Transfer Petition (Crl) is being filed under Section 406 of the Code of Criminal procedure read with Order XXXIX of the Supreme court rules 2013. Transfer petitions arising out of the matrimonial disputes are mainly to transfer the cases such as Divorce cases, Restitution Petition (RCR), 498A Cases, Domestic Violence (D.V), Maintenance cases, Child custody cases, etc. It arises when a spouse (Husband or Wife) filed a matrimonial case against the other spouse at the place where she/he presently resides and the opposite party (Husband or Wife as the case may be) feeling difficult to contest the said matrimonial case at the place where it has been originally filed so in such a situation the aggrieved party approaches the Supreme Court for transfer the case in question by filing a transfer petition, seeking Transfer of the case from its original place to the place where She/he feels convenient to contest the case. Maximum transfer petitions which are filed in the Supreme Court are related to matrimonial disputes.

APPROPRIATE STAGE OF THE CASE TO FILE A TRANSFER PETITION IN THE SUPREME COURT?

After filing the charge sheet or during the course of the trial, a Transfer Petition is maintainable in the Supreme Court to get it transferred from the place where it is pending to the other State. But for the other cases of civil nature when a summon or notice is received which has been issued by the Court concerned where the case in question originally is instituted and the respondent/defendant feels inconvenience to contest the case at its original place where it has been registered, the aggrieved person may approach the court for transfer of the case in question by filing an appropriate Transfer petition in the Supreme Court subject to the condition that the original case is pending/ instituted in a different State from the place where the aggrieved person is presently residing. So at this stage, it is an appropriate stage of the case to file a transfer petition and the same could not be questioned on the ground of its stage and the respondent cannot take the plea that the transfer petition has been filed at its belated stage. But on the other hand, if the aggrieved person approaches the Supreme Court at a belated stage i.e after her/his appearance in the original case and appointed a counsel to conduct the case in question and some proceeding of the case has also taken place, then in the Supreme Court, a question may arise in favor of the respondent that there is no inconvenience to the petitioner in conducting the case at its original place because the petitioner has already engaged a Lawyer who is conducting the case conveniently.

GROUNDS OF THE TRANSFER PETITION RELATED TO THE MATRIMONIAL CASES:-

The grounds that the petitioner generally takes in the Transfer Petition before the Supreme Court are:-

1.  Financial crunch to the petitioner

2.  Life threats to the petitioner

3.  No one is in the family to accompany the petitioner 

4.  Long journey

5.  Minor child

6.  Leave is not granted by the employer (in case the Petitioner is employed) Etc.

7. Apprehension of unfair trials due to various reasons.

DOCUMENTS REQUIRED FOR FILING OF A TRANSFER PETITION IN THE SUPREME COURT?

 For filing a Transfer Petition with regard to the transfer of a matrimonial case in the Supreme Court, the main documents required are given below;-

1. Copy of original Petition 

2. Summon/ Notice issued by the Court 

3. Vakalatnama

4. Affidavit of the petitioner

5. Any other document which may advise by the counsel.

So far as Transfer Petitioner (Crl.) with regard to the matrimonial case such as 498A IPC, Domestic Violence Case, or Maintenance cases are concerned, they depend upon the nature of the case to be transferred, so it can only be advised by the counsel after going through the entire case history, facts and other related documents of the cases.

FORMAT OF TRANSFER PETITION

IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

TRANSFER PETITION (CIVIL) NO.  OF 2023

IN THE MATTER OF:

XXXXXXXX                                 ….Petitioner

                                     VERSUS

XXXXXXXX                                       .. ..Respondent

TRANSFER PETITION (CIVIL) UNDER SECTION 25 THE CODE OF CIVIL PROCEDURE 1908 READ WITH ORDER XLI OF THE SUPREME COURT RULES, 2013, FOR TRANSFER OF THE MATRIMONIAL SUIT VIDE HMA NO.XXXXXXX, TITLED AS “XXXXXXXXXX” FILED BY THE RESPONDENT, PENDING BEFORE LD. ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT XXXXXXXXX TO THE COURT OF LD. PRINCIPAL JUDGE, FAMILY COURT (SOUTH DISTRICT), SAKET DISTRICT COURTS, NEW DELHI.

To

The Hon’ble Chief Justices of India and his Companion Justices of the Hon’ble Supreme Court of India. The humble petition of the petitioner above named.

MOST RESPECTFULLY SHEWETH:

1.   That the present Transfer Petition (Civil) is being filed Under Section 25 of the Code Of Civil Procedure 1908 read with Order XLI of The Supreme Court Rules 2013, for transfer of the matrimonial suit vide HMA No.xxxxxx, titled as “xxxxxxxxxx” filed by the respondent, pending before Ld. Additional Principal Judge, Family Court at xxxxxxxx to the Court of Ld. Principal Judge, Family Court (South District), Saket District Courts, New Delhi.

2. BRIEF FACTS OF THE PRESENT CASE ARE AS UNDER:-

a)   That the marriage of the petitioner and respondent was solemnized on XXXXX as per Hindu rites, ceremonies at XXXXXXXX.

b)   That on xxxxxxxx, a daughter namely xxxxxx was born out from the above said wedlock, who is presently in the care and custody of the petitioner.

c)   That the petitioner is residing separately from the respondent since xxxxxxxxxx.

d)  That the respondent has file a case under section 9 of Hindu Marriage Act dated xxxx before the Ld. Additional Principal Judge at xxxxxx. Copy of case vide HMA No. xxxx under section 9 of HMA titled as xxxxxxxxx filed by the respondent, pending before Ld. Additional Principal Judge, Family Court at xxxxxxxxx is annexed as ANNEXURE-P1 from page    to    .

e)   That on xxxxxx the petitioner has received a summon/ notice issued by the Ld. Additional Principal Judge, Family Court xxxxx,  pertaining to the matrimonial suit vide HMA No. xxxxxxxxxxxx filed by the respondent which is pending before Ld. Additional Principal Judge, Family Court at xxxxxxxx, by which it has been directed the petitioner to appear before the Court on xxxxxxxx. Copy of summon issued by the Ld. Additional Principal Judge, Family Court at xxxxxxxxxx, pertaining to the matrimonial suit vide HMA No. xxxxxxxxxxx is annexed as ANNEXURE-P2 From pages     to    .

Being aggrieved, the present Transfer Petition is being filed by the Petitioner.

      GROUNDS FOR THE TRANSFER:-

a)   Because there is a life threat at xxxxxxxxxxxxx, hence petitioner is unable to attend the case proceeding at xxxxxxxxxxxxxxx.

b)  Because the distance between the Delhi to xxxxxxxx is about 864 KM which takes around 16 Hrs to complete one side journey so it very difficult to travel such a long journey as such the petitioner is filing the present transfer petition before this Hon’ble Court.

c)   Because the life and liberty of the petitioner is not safe at xxxxxxx in view of the threat extended by the respondent so it is not advisable to the petitioner to travel alone.

d)  Because there is no one who can accompany the petitioner every time to attend the Court Proceeding at xxxxxxx and if the petitioner would fail to attend the case proceeding, the respondent would manage to get Ex-Party order which is the main motive behind the filing of this case.

NON FILING PARA :-

3.   That the petitioner has not filed any other similar Transfer Petition (Civil) before this Hon’ble court or any other petition seeking similar relief in any court of law

PRAYER:-

Therefore, in view of the above, it is, humbly and respectfully prayed that this Hon’ble court may kindly be pleased to:-

a)   Transfer the matrimonial suit vide HMA No. xxxxxxxxxxx, pending before Ld. Additional Principal Judge, Family Court at xxxxxxx to the Court of Ld. Principal Judge, Family Court (South District), Saket District Courts, New Delhi.

b)  Pass any other further order/s as this Hon’ble court may deem fit and proper under the facts and circumstances of the case in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

                                                      PETITIONER

Through

                                                    (xxxxxxxxxxxx)

                                                 Advocate for the petitioner                                          

Drawn & settled by:

xxxxxxxxxxxxx Advocates

Filed on:

Drawn on:

IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

  Transfer Petition (Civil) No. of 2023

IN THE MATTER OF:

XXXXXXXXXX                                   …..Petitioner

                                     Versus

XXXXXXXXXX                                 ……Respondent

                                 AFFIDAVIT

I,  XXXXXXXXXXXX, do hereby solemnly affirm and declare as under:

1.   That I am the petitioner in the Present Transfer Petition (Civil) and well acquainted with the facts and circumstances of the present case and competent to swear the present affidavit. 

2.   That the instant Transfer Petition from para No. 1 to ___ from pages ___ to ___ and list of dates and events from page ___ to ___ ,the application for ex-parte ad-interim stay from pages ___ to ___ . Application for exemption from filing official translation of annexure have been drafted under my instructions, contents whereof are true and correct to the best of my knowledge and belief and the same has been read over to me in vernacular which I understood and found correct and Annexures are true typed copies of their respective originals.

                                                                 DEPONENT                         

VERIFICATION:

Verified at Ranchi on this  day of August 2023 that the contents of above affidavit are true and correct to my knowledge and nothing material has been concealed there from.

                                                                        DEPONENT