Transfer petition under Section 25 CPC for transfer of divorce petition from Delhi to Gujarat
0 of 57 blanks filled
IN THE MATTER OF:
Smt. Petitioner's name, aged Petitioner's age years,
W/o Sh. Petitioner's husband's name,
D/o Sh. Petitioner's father's name,
R/o Petitioner's address,
Presently residing at: Petitioner's current address.
Petitioner's current town…PETITIONER
VERSUS
Sh. Respondent's name, aged Respondent's age years,
S/o Sh. Respondent's father's name,
R/o Respondent's address,
Delhi-1100Respondent's PIN code digit.…RESPONDENT
PETITION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH ARTICLE 139A OF THE CONSTITUTION OF INDIA, READ WITH ORDER Order roman numeral of Supreme Court Rules-B OF THE SUPREME COURT RULES, 2013, FOR TRANSFER OF THE CASE TITLED "Petitioner's name in divorce petition v. Respondent's name in divorce petition", BEING DIVORCE PETITION BEARING HMA NO. HMA petition number, PENDING BEFORE THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, KARKARDOOMA COURTS, DELHI.
To,
THE HON'BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF THE
SUPREME COURT OF INDIA.
THE HUMBLE PETITION OF THE ABOVE-NAMED PETITIONER
MOST RESPECTFULLY SHOWETH:-
1.That the present Transfer Petition has been filed by the Petitioner under Section 25 of the Code of Civil Procedure, 1908 and Article 139A of the Constitution of India, read with Order Order roman numeral of Supreme Court Rules-B of the Supreme Court Rules, 2013, inter alia praying for an order and direction from this Hon'ble Court for the transfer of the case titled "Petitioner's name in divorce petition v. Respondent's name in divorce petition", being Divorce Petition bearing HMA No. HMA petition number, pending before the Learned Principal Judge, Family Court, Karkardooma Courts, Delhi.
2.That the brief facts leading to the present Transfer Petition are as under:
(i)That the Petitioner was married to the Respondent on Day of marriage.Month of marriage.Year of marriage at Delhi in accordance with Hindu rites, customs and ceremonies. In the said marriage, the father of the Petitioner incurred substantial expenditure, and all the articles gifted therein remain in the custody of the Respondent and his family members.
(ii)That after the marriage, the Petitioner joined her matrimonial home, and out of the said wedlock, one male child, namely Master Name of the child, was born on Day of child's birth.Month of child's birth.Year of child's birth. The entire medical expenses were borne by the Petitioner's family.
(iii)That in the year Year the Respondent's father approached the Petitioner's father, the father of the Respondent had initially approached the Petitioner's father for her hand in marriage. The Petitioner agreed to the marriage with the Respondent on the basis of the representations and assurances made by the Respondent and his family members, believing that her future would be happy and secure with the Respondent's family.
(iv)That the marriage between the Petitioner and the Respondent was solemnized on Day of marriage.Month of marriage.Year of marriage at Delhi in accordance with Hindu rites and ceremonies. The Respondent and his family members made several demands relating to the manner in which the wedding was to be conducted, which ultimately led to a wedding conducted with great pomp and show, the entire expenditure whereof was incurred by the parents of the Petitioner. The Respondent and his family members compelled the Petitioner's family to meet various demands relating to jewellery, household items and other articles, both for themselves and for other relatives of the Respondent, particulars whereof will be set out in complaints before the competent authority.
(v)That after the solemnization of the marriage, the Petitioner was shocked to find that the Respondent's family members raised fresh demands in respect of dowry articles. Despite the Petitioner's family having fulfilled all the demands made upon it, the mother-in-law and sister-in-law of the Petitioner remained dissatisfied and constantly taunted and insulted the Petitioner and her parents for not bringing jewellery in accordance with their demands. The Petitioner was surprised at their greed and covetousness, since they are otherwise a well-to-do family. The Petitioner communicated her apprehensions regarding the Respondent's family, in particular his elder sisters, namely Names and details of the Respondent's elder sisters and relatives. The Respondent's mother demanded that the Petitioner should hand over all her jewellery, including her stridhan, to her for safekeeping. Relying upon the representations made by her, the Petitioner entrusted all her jewellery and stridhan to the Respondent's mother, and the said jewellery and stridhan articles remain in her custody.
(vi)That the Petitioner belongs to a very accommodating, close-knit family with a deep emphasis on family values and culture, and she tolerated everything because she wished to preserve this relationship, as she loved the Respondent deeply and expected nothing less from him.
(vii)The Petitioner does not have sufficient income to maintain herself and her minor son, whereas the Respondent has sufficient sources of income and has not cared to offer even a single paisa towards the maintenance of the Petitioner and her minor son. The Respondent has, therefore, breached his obligatory marital duties and obligations to maintain the Petitioner and her minor son.
(viii)That such cruel and unfair treatment was completely unacceptable to the Petitioner, being wholly contrary to her dignity and self-respect. The Respondent has provided the Petitioner with no financial security. The Petitioner is unable to maintain her minor son and has, therefore, been constrained to fall back upon her elder sister for financial support. Basic necessities such as food, clothing and education are being provided out of the money given by her elder sister. Therefore, over and above the maintenance to which she is entitled under law, the Petitioner is entitled to compensation from the Respondent and his family members for the cruel behaviour and conduct, and the mental, physical and psychological torture suffered by her at their hands.
(ix)That all the belongings and jewellery of the Petitioner still remain with the mother of the Respondent, and the Petitioner has been forced to lead a life full of misery and cruelty on account of the acts committed by the Respondent and his parents. It was the Respondent who deserted the Petitioner, depriving her of his company, out of greed for a second marriage with someone else.
(x)That the Respondent is greedy for money; in the past, he had taken approximately Approximate amount taken by the Respondent from the Petitioner, and he wishes to marry another girl solely for monetary considerations, his family members supporting him in this regard. Otherwise, there is no reason for the Respondent to have abandoned the Petitioner and her minor son.
(xi)That the Petitioner, being the legally wedded wife of the Respondent, showed love, affection, attachment and willingness towards the Respondent and his family members, and still believes that she can lead her matrimonial life with the Respondent. The Petitioner has one minor son and did not wish to leave the Respondent, being his legally wedded wife, and believed in the philosophy that "SHADI JEEWAN ME SIRF EK BAAR HOTI HAI". She maintained the dignity and respect of the Respondent's family and always fulfilled her marital obligations towards the Respondent and his family members on various occasions. The Petitioner tolerated everything in the hope that one day better sense would prevail upon the Respondent and he would mend his ways, and she still hoped for the same. The Petitioner had, and continues to have, great love and affection for the Respondent, but the Respondent has shattered all the dreams of the Petitioner by filing a false and frivolous petition for divorce. The only problem with the Respondent and his family members is that they are greedy for money and want money from the Petitioner and her family members. The Petitioner never dared to speak to the Respondent or to his mother even in a raised voice at any time in her life. The Respondent, his parents and sisters demanded dowry and beat the Petitioner on a number of occasions, and in respect thereof, the Petitioner reserves the right to initiate criminal complaints against the Respondent and his family members. The Respondent left the Petitioner without any fault on her part, and till date she is unaware of why the Respondent is behaving in this manner and why the said divorce petition was filed by him before the Learned Family Court, Delhi. The Respondent filed a false and frivolous petition before the Learned Family Court seeking divorce, and the same is not maintainable in the eyes of law.
xii.It is at this stage, when the Petitioner wife stood for the truth and told the Respondent that she would file a complaint against the Respondent and his family members for the acts of cruelty and demand for dowry, that the Respondent became aggrieved and instituted a false and frivolous case against the Petitioner wife, namely a petition under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, before the Hon'ble Principal Judge, Family Court, Karkardooma Courts, Delhi, titled "Petitioner's name in divorce petition v. Respondent's name in divorce petition", being HMA Petition bearing No. HMA petition number.
xiii.It is respectfully submitted that since the prayer sought in these proceedings is for the transfer of the case filed by the Respondent, the Petitioner has intentionally refrained from detailing the extent of the cruelty and neglect committed by the Respondent husband, so as not to divert the scope of these proceedings. The Petitioner reserves her liberty to file a detailed response as and when required.
xiv.That the Petitioner has not filed any other Transfer Petition in this Hon'ble Court or in any other Court for the transfer of this petition. The Petitioner is, therefore, approaching this Hon'ble Court under Article 139A of the Constitution of India and Section 25 of the Code of Civil Procedure, 1908, read with Order Order roman numeral of Supreme Court Rules-B of the Supreme Court Rules, 2013, for the transfer of the Petition for Divorce under the Hindu Marriage Act, 1955, titled "Divorce petition parties' names", being HMA petition number, pending before the Hon'ble Principal Judge, Family Court, Karkardooma, Delhi, to the Ld. Family Court, Gandhidham, Gujarat, or to any other Family Court in Gujarat.
3.The Petitioner submits that such transfer is required in order to meet the ends of justice and to secure an impartial and fair trial, and relies upon the following grounds, each of which is without prejudice to the other.
GROUNDS:
A.Because the divorce proceedings are an instrument to exert pressure upon and coerce the Petitioner wife into acquiescing to the nefarious demands of the Respondent husband. As per the identity documents of the Petitioner, the Petitioner and her son are presently residing at Gandhidham, Gujarat, and her son, Name and age of the Petitioner's son, is studying in Child's class/grade in school at Child's school name, Gandhidham, Gujarat. Further, as per the Respondent husband's own averment in paragraph 2 of the Divorce Petition regarding the status and place of residence of the Petitioner before and after marriage, she resided at Respondent's stated locality of petitioner's residence Nagar, Agra. Thus, by the Respondent's own admission, neither the Petitioner nor her son resided in Delhi at the time of the filing of the divorce proceedings, and the Petitioner works in Gujarat. The filing of the divorce proceedings in Delhi can, therefore, clearly be inferred to be a tactic to exert pressure upon and coerce the Petitioner wife into acquiescing to the nefarious demands of the Respondent husband.
B.Because the divorce petition filed by the Respondent is intended solely to harass the Petitioner, as the Respondent is aware that the Petitioner is presently residing at Gandhidham, Gujarat, close to her elder sister, Petitioner's elder sister's name, along with her only son, Name and age of the Petitioner's son, who is studying in Child's class/grade in school at Child's school name, Gandhidham, Gujarat. It is not feasible for the Petitioner to contest the case from Gandhidham before the Hon'ble Court at Delhi. It is pertinent to mention that the said divorce proceedings were filed by the Respondent at Delhi because the Respondent's father is a practising lawyer in the Delhi District Courts, and the Respondent intends to create problems and harassment for the Petitioner and her only son, Name and age of the Petitioner's son, leaving the Petitioner unable to contest the case at Delhi.
C.The parties had a tumultuous married life. Having been married for over Duration of marriage, the Petitioner wife tolerated the mercurial temper of the Respondent husband throughout. On various occasions, the Respondent husband also subjected the Petitioner wife to physical beatings; however, the Petitioner wife continued in the tumultuous marriage for the sake of her child and family members. It goes without saying that the Respondent husband engaged himself in multiple extramarital relationships during these years.
D.Because the Petitioner and her child are residing and studying at Gandhidham, Gujarat. The Respondent has numerous connections and acquaintances living in the proximity of Delhi. It is pertinent to mention that the present case was filed by the Respondent at Delhi because the Respondent's father is a practising lawyer in the Delhi District Courts, and the Respondent intends to create problems and harassment for the Petitioner and her only son, Name and age of the Petitioner's son, leaving the Petitioner unable to contest the case at Delhi.
E.Because the Petitioner has to make various accommodations (including to her health, travel and safety) every time she has to travel from Gujarat to Delhi. The distance from Gandhidham, Gujarat to Delhi is approximately Approximate distance from Gandhidham to Delhi, and it is very difficult for the Petitioner to travel alone, as there is no direct connectivity. The Petitioner is the sole person caring for her school-going child, Name and age of the Petitioner's son, who is studying in Child's class/grade in school at Child's school name, Gandhidham, Gujarat, and she cannot travel out of station leaving her minor school-going child behind. Furthermore, the Petitioner's safety and well-being are a concern, as the journey takes approximately Approximate travel time from Gujarat to Delhi, and the total travelling time is about Total travelling time, which would cost her a minimum of approximately Approximate minimum travel expense (including travelling costs, food, hotel stay and miscellaneous expenses).
F.Admittedly, the Petitioner, aged around Petitioner's age, is working as Petitioner's occupation in Gujarat, not only to sustain herself but also to pay the school fees of the child and the monthly rent. Admittedly, the Respondent husband has not been contributing towards the school fees or other expenses of the child since the separation, and the Petitioner is managing everything by herself, including the household expenses and fees. Thus, frequent travel to Delhi by train, bus or car would severely jeopardise the Petitioner.
G.Because the Respondent, who has sufficient sources of income, is capable of travelling to Gujarat, and it will not be inconvenient for the Respondent to attend the proceedings there; however, it is wholly impossible for the Petitioner to attend the proceedings at Delhi. It is pertinent to mention that the Respondent and his family reside at Delhi, and the Respondent has filed the case at Delhi with the sole intention of harassing the Petitioner.
H.Because travelling alone to Delhi, which is the place of residence of the Respondent and all his family members, is not safe, as the Respondent's family might intimidate her and put pressure upon her, and in her current fragile situation it is not suitable for the Petitioner to travel to Delhi all alone. Further, the Petitioner has no independent source of income and can barely maintain her son.
I.Because at no point of time did the Petitioner leave her matrimonial home of her own accord; rather, she was thrown out of her matrimonial house by the Respondent and his parents. The Petitioner was physically assaulted by the Respondent and his family members and was subjected to continuous harassment for allegedly bringing fewer articles in dowry. She was thus forced to return to her parents at Delhi. It is further pertinent to note that, at the material point of time, she was not allowed to take away her belongings, and all her 'stridhan' still lies with the Respondent and his family.
J.Because it will be very difficult for the Petitioner to travel to Delhi from Gujarat alone, the journey taking more than 20 hours, and there is no one to accompany the Petitioner. It is also pertinent to mention that travelling alone to Delhi, which is the hometown of the Respondent and all his family members, is not safe, as the Respondent's family might intimidate her and put pressure upon her, and in her current fragile situation it is not suitable for the Petitioner to travel to Delhi all alone.
K.Because the Petitioner is not familiar with Delhi, having stayed there only for a few days after her marriage, and she will feel intimidated by the presence of all the relatives of the Respondent, who might take advantage of her unfamiliarity with the place. The inability of the Petitioner to contest proceedings at a place away from her ordinary residence will eventually result in a denial of justice.
L.Because the Respondent-husband has filed the said HMA Petition under the Hindu Marriage Act, 1955 with mala fide intentions, and seeks to harass the Petitioner by dragging her into unnecessary litigation at such a far-flung place. It may be noted that when the Petitioner attempted to reconcile with him and restore her breaking matrimonial relationship, she was subjected to cruelty and thrown out of her matrimonial home.
M.Because, in view of the financial and physical hardships faced by the Petitioner in participating in the HMA proceedings instituted at a distance of approximately Distance of divorce court from petitioner's residence kms from her ordinary place of residence, and under such circumstances, the HMA proceedings instituted before the Ld. Principal Judge, Family Court at Location of the Family Court where divorce petition is pending may be transferred to the concerned Principal Judge, Family Court in Gujarat.
4.That the Petitioner states that no earlier petition has been filed by the Petitioner for transfer of the proceedings of the Divorce Petition bearing HMA No.HMA petition number pending before the Ld. Principal Judge, Family Court at Location of the Family Court where divorce petition is pending.
PRAYER:
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:-
a)Allow this Transfer Petition and direct the transfer of the case titled "Petitioner's name in divorce petition v. Respondent's name in divorce petition", being Divorce Petition bearing HMA No.HMA petition number, pending before the Ld. Principal Judge, Family Court at Location of the Family Court where divorce petition is pending, to the Ld. Family Court at Location of the Family Court in Gujarat for transfer, or to any other competent Court within the jurisdiction of the Courts at Location of the Family Court in Gujarat for transfer.
b)Pass any other order or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY.
DATED:
NEW DELHI:
ADVOCATE FOR THE PETITIONER
IN THE SUPREME COURT OF INDIA
ORIGINAL CIVIL JURISDICTION
TRANSFER PETITION (CIVIL) NO.OF 20Year of transfer petition filing
IN THE MATTER OF:-
Petitioner's name… PETITIONER
VERSUS
Respondent's name… RESPONDENT
AFFIDAVIT
I, Deponent's name, D/o Deponent's father's name, aged about Deponent's age years, R/o Deponent's address, Deponent's city, Gujarat, do hereby solemnly affirm and state on oath as under:
1.That I am the Petitioner in the above-noted case, am well conversant with the facts and circumstances of the case, and am competent to swear this affidavit.
2.That I state that I have read over and understood the contents of the Synopsis and List of Dates and Events from page nos. Start page of synopsis to End page of synopsis, the Transfer Petition from paragraph nos. Start paragraph of transfer petition to End paragraph of transfer petition at page nos. Start page of transfer petition to End page of transfer petition, along with the I.A. no.I.A. number up to page End page of I.A.s, which have been drafted by my counsel under my instructions, and the averments made therein have been read over and understood by me. I further state that the averments made therein are true and correct to my knowledge and belief.
3.That the annexures P-1 to P-3 to the Transfer Petition are true copies of their respective originals.
DEPONENT
VERIFICATION: -
I, the deponent above named, do hereby verify and state that the contents of this affidavit are true and correct to the best of my knowledge and belief, that nothing is false, and that nothing material has been concealed therefrom.
Verified at New Delhi on this Date of verification of affidavit day of Month and year of verification.
DEPONENT