IN THE MATTER OF:
Petitioner's name… PETITIONER
VERSUS
Respondent's name… RESPONDENT
APPLICATION FOR EX-PARTE STAY
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 ABOVE-NAMED PETITIONER
MOST RESPECTFULLY SHOWETH:
1.That the present petition is being filed by the Petitioner seeking transfer of proceedings under Section 25 of the Civil Procedure Code, 1908, read with Article 139A of the Constitution of India, read with Order Order rule number under Supreme Court Rules-B of the Supreme Court of India Rules, 2013, for transfer of the case titled “Divorce petition petitioner's name v. Divorce petition respondent's name”, being Divorce Petition bearing HMA No. HMA divorce petition number, pending before the Ld. Principal Judge, Family Court, Family Court place where divorce petition is pending.
2.That the contents of the said transfer petition may be read as part and parcel of the present application, and the same are not being repeated herein for the sake of brevity.
3.That the Petitioner and her child reside at Place where the Petitioner and her child reside, and the child studies at Child's school name. It is pertinent to mention that the present case has been filed by the Respondent at Place where the Respondent has filed the case, as the Respondent has numerous connections and acquaintances residing in proximity to that place. The Respondent has instituted the proceedings with the intention of causing trouble and harassment to the Petitioner and her minor son, Child's name, aged Child's age in years years, and the Petitioner is unable to effectively contest the case at that place.
4.That the Petitioner is required to make various arrangements (including for her health, travel and safety) every time she is required to travel from Place where the Petitioner and her child reside to Place where the Respondent has filed the case. The distance between the two places is approximately Distance between the Petitioner's residence and the case venue in kms kms, and it is very difficult for the Petitioner to travel alone, as there is no direct connectivity. The Petitioner is the sole person taking care of her school-going child, Child's name, aged Child's age in years years, who studies in class Class in which the child is studying at Child's school name, and the Petitioner cannot leave her minor school-going child behind and travel out of station. Furthermore, the Petitioner’s safety and well-being are a matter of concern, as the journey takes approximately One-way travel time each way, resulting in a total travelling time of about Total travel time or more, which entails a minimum expense of approximately ₹Approximate travel expense per trip (including travel costs, food, hotel stay and miscellaneous expenses).
5.That undue hardship and irreparable loss would be caused to the Petitioner if the reliefs as prayed for are not granted in favour of the Petitioner and against the Respondent. That the balance of convenience lies in favour of the Petitioner and against the Respondent.
6.That the Petitioner has a good prima facie case for transfer.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to pass the following order/orders:
A. Grant an ad-interim ex-parte stay of the proceedings in the case titled “Divorce petition petitioner's name v. Divorce petition respondent's name”, being Divorce Petition bearing HMA No. Hma divortion number, pending before the Ld. Principal Judge, Family Court, Family Court place where divorce petition is pending, which is coming up on Date of next hearing;
B. Pass such other and further order/orders as this Hon’ble Court may deem fit and proper in the interests of justice.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE PETITIONER SHALL, AS IN DUTY BOUND, EVER PRAY.
DATED: Date of filing of the application
Place of filing:
ADVOCATE FOR THE PETITIONER