Transfer petition under Section 25 CPC to Supreme Court with application for ad-interim ex-parte stay of Section 9 HMA proceedings
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IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondent's name: RESPONDENT
WITH
I.A. NO. I.A. number in transfer petition OF Year of I.A
AN APPLICATION FOR EX PARTE
AD INTERIM STAY
PAPER-BOOK
(KINDLY SEE INSIDE FOR INDEX)
ADVOCATE FOR THE PETITIONER: Advocate for the petitioner's name
RECORD OF PROCEEDINGS
SL. NO.DATE OF RECORD OF PROCEEDINGS — PAGES
INDEX
| S. No. | PARTICULARS OF DOCUMENT | Page No. of part to which it belongs (Part 1 – Contents of Paper Book) | Page No. of part to which it belongs (Part 2 – Contents of file alone) | Remarks |
|---|---|---|---|---|
| (I) | (II) | (III) | (IV) | (V) |
| 1. | E-court fees |
| 2. | Listing Proforma |
| 3. | Cover Page of Paper Book |
| 4. | Index of Record of Proceedings |
| 5. | Defect List |
| 6. | Note Sheet |
| 7. | Synopsis & List of Dates | B- |
| 8. | Transfer Petition with Affidavit |
| 9. | Annexure P-1: A copy of Matrimonial Case No. Matrimonial case number dated Date of matrimonial case filing filed before the Court of the Additional Principal Judge, Family Court, South West District, Dwarka Courts, Delhi |
| 10. | I.A. No. I.A. number for stay application of Year of I.A: Application for ad-interim ex-parte stay |
| 11. | F/M |
| 12. | V/A |
PROFORMA FOR FIRST LISTING
SECTION: XVI-A
| The case pertains to (Please tick/check the correct box): | ||
|---|---|---|
| Central Act (Title): | Civil Procedure Code, Hindu Marriage Act |
| Section: | Section 25 of the CPC, Section 9 of the HMA |
| Central Rule (Title): | - NA - |
| Rule No(s): | - NA - |
| State Act (Title): | - NA - |
| Section: |
| State Rule (Title): | - NA - |
| Rule No(s): | - NA - |
| Impugned Interim Order (Date): | - NA - |
| Impugned Final Order/Decree (Date): | - NA - |
| High Court (Name): | - NA - |
| Names of Judges: | - NA - |
| Tribunal/Authority (Name): | - NA - |
| 1. | Nature of matter: | Civil |
| 2. | (a) Petitioner/Appellant No. 1: | Petitioner's name |
| (b) E-mail ID: | Petitioner's email ID |
| (c) Mobile Phone Number: | Petitioner's mobile number |
| 3. | (a) Respondent No. 1: | Respondent's name |
| (b) E-mail ID: | - NA - |
| (c) Mobile Phone Number: | - NA - |
| 4. | (a) Main category classification: |
| (b) Sub-classification: |
| 5. | Not to be listed before: | - NA - |
| 6. | Similar/Pending matter: |
| 7. | Criminal Matters: |
| (a) Whether accused/convict has surrendered: | Yes / No |
| (b) FIR No.: | NA; Date: NA |
| (c) Police Station: | NA |
| (d) Sentence Awarded: | NA |
| (e) Sentence Undergone: | NA |
| 8. | Land Acquisition Matters: | - NA - |
| (a) Date of Section 4 notification: | - NA - |
| (b) Date of Section 6 notification: | - NA - |
| (c) Date of Section 17 notification: | - NA - |
| 9. | Tax Matters — State the tax effect: | - NA - |
| 10. | Special Category (first Petitioner/Appellant only): | Senior citizen > 65 years / SC/ST / Woman/Child / Disabled / Legal Aid case / In custody |
| 11. | Vehicle Number (in case of Motor Accident Claim matters): |
| 12. | Decided cases with citation: |
Advocate-on-record's name
AOR for Petitioner
Registration No. Registration number
SYNOPSIS
1.The Petitioner, by way of the present Transfer Petition, seeks the transfer of the petition filed by the Respondent under Section 9 of the Hindu Marriage Act, 1955, bearing No. HMA No. HMA petition number, titled "HMA petition title", pending before the Court of the Additional Principal Judge, Family Court, South West District, Dwarka Courts, Delhi, to a Court of competent jurisdiction, namely the Family Court at Destination city of transfer in Punjab, Punjab.
2.At this juncture, it is pertinent to mention that the Petitioner is still recovering from the trauma inflicted upon her by the Respondent and her in-laws and is physically and mentally exhausted. In such a condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceedings before the Court at Location of court in Delhi, Delhi, particularly since the distance between Petitioner's town of residence and Destination city in Punjab is approximately 450.8 kilometres.
3.Further, it may pertinently be noted that 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. In her current fragile condition, it is not suitable for the Petitioner to travel to Delhi all alone. The Petitioner also has no independent source of income and is wholly financially dependent upon her parents.
4.Further, a petition under Section 125 of the Code of Criminal Procedure, 1973 is also pending before the Principal Judge, Family Court, City of family court in Punjab, Punjab, titled "Section 125 CrPC case title". A complaint under Sections 498-A/406/354/120-B of the Indian Penal Code is also pending before the SSP, District of SSP office in Punjab, Punjab.
5.It may be apposite to note that 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 on account of bringing fewer articles in dowry. Thus, she was forced to return to her parents at Petitioner's parental town, Punjab. It is further pertinent to note that, at the material time, she was not permitted to take away her belongings, and all her 'stridhan' still remains with the Respondent and his family.
6.In view of the financial and physical hardships faced by the Petitioner in participating in the HMA proceedings instituted approximately 450.8 kilometres away from her ordinary place of residence, the HMA proceedings pending before the Additional Principal Judge, Family Court, City of family court in Punjab, District of family court, State name may be transferred to the Court of the concerned Principal Judge, Family Court at Destination city of transfer in Punjab.
7.Lastly, it is most respectfully stated that the Petitioner is not elaborating upon the various facts regarding the allegations in respect of the marriage, demand of dowry, mistreatment and physical harassment, and confines the present pleading strictly to those facts which are necessary for the transfer of the present petition. It is further submitted that the various averments made in the HMA petition shall be adequately replied to in the proceedings before the concerned Court.
LIST OF DATES AND EVENTS
| Date | Particulars |
|---|---|
| Month of marriage 2016 | That the marriage between the Petitioner and the Respondent was solemnised as per Hindu rites and ceremonies at Place of marriage, in the presence of relatives and other important persons. At the time of the marriage, as per the demand of the Respondent and his family members, dowry articles, including gold jewellery, were also given to them. |
| That within a few days of the marriage, the Petitioner became a victim of the greedy aspirations of the Respondent and his family. They persistently harassed the Petitioner for bringing less dowry at the time of the marriage and for shattering their hopes of receiving a handsome sum of money, jewellery and household items from the wedding of their only son. At this juncture, it is pertinent to mention that the Petitioner was also subjected to physical cruelty. |
| Month of dowry taunts 2017 | That the Respondent, his mother and his father began taunting the Petitioner that her family members had not married her according to their status, and that they had hoped a luxury car would be given in dowry in keeping with the Respondent's status, but that her parents had done nothing. The Petitioner was taunted over household work and even over trivial matters, and her mother-in-law used to speak ill of her parents. The Respondent did not establish physical relations with the Petitioner from the very beginning, as he was involved with another girl, of which the Petitioner had no complete knowledge at the time. |
| Month of suspected affair 2020 | That the Respondent used to talk on the phone till midnight, as he did every day. Upon overhearing his conversation, the Petitioner's suspicion strengthened that the Respondent was having an affair with a girl. The Petitioner told the Respondent and her in-laws, at that very time, that the Respondent spoke to someone else on his phone more than to her. |
| Month of return to parental home 2021 | That the Petitioner was unhappy, owing to which she went to her parents' house for some time. However, when the Respondent brought her back, his attitude towards her had worsened further. |
| Month of money demand 2021 | That the Respondent demanded a sum of ₹25 lakhs from the Petitioner for certain of his personal needs and stated that she should obtain this money from her parents. The Petitioner flatly refused, saying that her parents had already fulfilled more than their requirements and that she could not ask them for anything further. Upon this refusal, the Respondent slapped her, uttered abuses and said that he had made a mistake by marrying her. Thereafter, the Respondent stopped having conjugal relations with the Petitioner, began spending most of his time outside till late at night, and even when at home, spent most of his time on the phone. The Petitioner was thus convinced that the Respondent and his parents had first planned to drive her out of the house. The Petitioner was harassed with demands for money so that she would be forced to leave the house herself, enabling the Respondent to marry the girl of his own free will, to which both the Respondent and his parents had agreed beforehand. |
| Month of phone chat discovery 2021 | That the Respondent left his phone on the bed and went to the bathroom. At that time, the Petitioner saw the messages on her husband's phone, which revealed that a constant chat was going on between the Respondent and a girl named Name of the girl the respondent was involved with, from which it was clear that they had formed a romantic relationship and had also entered into physical relations. On that day, the Petitioner transferred all their chats to her own phone. The Petitioner suspected that the Respondent was spending time with that girl at Place of the flat where respondent met the girl, in a separate flat which he had taken. |
| Month respondent was caught with the girl 2022 | That the Petitioner, with the help of her cousin, namely Name of petitioner's cousin, caught the Respondent and that girl red-handed at the said flat. |
| Month of father-in-law's misconduct 2023 | That when the Respondent had gone to Place respondent visited and the Petitioner's mother-in-law was not at home, the Petitioner's father-in-law attempted to misbehave with her. |
| Month petitioner was thrown out 2023 | That the Petitioner was thrown out of her matrimonial home by the Respondent and his parents. Since then, the Petitioner has been residing at her parental home, i.e., Petitioner's parental address, Punjab. |
| Month respondent filed HMA petition 2024 | That the Respondent filed the HMA petition bearing No. HMA petition number under Section 9 of the Hindu Marriage Act, 1955 before the Additional Principal Judge, South West District, Dwarka Courts, Delhi. The matter is listed for further hearing on Date of next hearing. |
| Month of filing transfer petition 2024 | Hence, the present Transfer Petition. |
IN THE SUPREME COURT OF INDIA
Supreme Court cause title heading
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. Transfer petition number OF 2024
(For transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955 bearing HMA No. HMA petition number, titled HMA petition title, pending before the Court of the Additional Principal Judge, Family Court, South West District, Dwarka Courts, New Delhi, to a Court of competent jurisdiction at the Family Court, Punjab)
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
Respondent's nameRESPONDENT
TRANSFER PETITION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH ORDER XLI OF THE SUPREME COURT RULES, 2013 AND ARTICLE 142 OF THE CONSTITUTION OF INDIA
TO,
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF THE
SUPREME COURT OF INDIA
THE HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED
MOST RESPECTFULLY SHOWETH:
1.That the present application is filed by the wife/Petitioner under Order XLI of the Supreme Court Rules, 2013, read with Section 25 of the Code of Civil Procedure, 1908, and Article 142 of the Constitution of India, seeking transfer of the petition under Section 9 of the Hindu Marriage Act, 1955, bearing HMA No. HMA petition number, titled HMA petition title, pending before the Court of the Additional Principal Judge, Family Court, South West District, Dwarka Courts, New Delhi, to a Court of competent jurisdiction at the Family Court, Punjab.
2.That the brief facts leading to the filing of the present Petition are as follows:
(a)That the marriage between the Petitioner and the Respondent was solemnized on Date of marriage at Place of marriage as per Hindu rites and ceremonies, in the presence of relatives and other important persons. At the time of the marriage, at the demand of the Respondent and his family members, dowry items, including gold jewellery and other articles, were also given to them.
(b)Within a few days of the marriage, the Petitioner became a victim of the greedy aspirations of the Respondent and his family. They persistently harassed the Petitioner on account of her having allegedly brought insufficient dowry at the time of the marriage, and for having shattered their hopes of receiving a substantial sum of money, jewellery and household items from the wedding of their only son. At this juncture, it is pertinent to mention that the Petitioner was also subjected to physical cruelty.
(c)That in the month of March, 2017, the Respondent, his mother and his father began taunting the Petitioner that her family members had not married her according to their status; that they had expected that, given the Respondent's status, a luxury car would be given as dowry, but that the Petitioner's parents had done nothing. The Petitioner was taunted even with regard to household work and trivial matters, and her mother-in-law used to speak ill of her parents. The Respondent did not have physical relations with the Petitioner from the very beginning, as he was involved with another girl from the outset, of which the Petitioner had no complete knowledge earlier.
(d)That in the month of April, 2020, the Respondent, as was his daily practice, was talking on the phone until 12 o'clock at night. The Petitioner overheard his conversation, and her suspicion that the Respondent was having an affair with a girl grew stronger. The Petitioner confronted the Respondent and her in-laws at that very time, and told them that the Respondent spoke to someone else on his phone more than he spoke to her.
(e)That in the year 2021, the Petitioner was distressed and accordingly went to her parental home for some time. However, when the Respondent brought her back, his attitude towards the Petitioner had deteriorated even further.
(f)That in the month of July, 2021, the Respondent demanded a sum of Rupees 25 lakhs from the Petitioner for certain of his personal needs, and said that the Petitioner should ask her parents for this money. The Petitioner flatly refused, stating that her parents had already fulfilled more than their capacity and that she could not ask them for anything further. On being refused, the Respondent slapped her, abused her, and said that he had made a mistake by marrying her. Thereafter, the Respondent ceased to have any conjugal relationship with the Petitioner and began spending most of his time outside until late at night; even when at home, he spent most of his time on his phone, upon which the Petitioner became certain that the Respondent and his parents were first seeking to drive her out of the house. The Petitioner continued to be harassed with demands for money, so that she would be compelled to leave the matrimonial home herself, enabling the Respondent to marry the girl of his own free will, to which both the Respondent and his parents had agreed beforehand.
(g)That on Date of phone chat discovery, the Respondent left his phone on the bed and went to the bathroom. At that time, the Petitioner saw the messages on her husband's phone, and found that a continuous chat was going on between the Respondent and a girl by the name of Name of the girl the respondent was involved with, from which it was clear that they had formed a romantic relationship with each other and had also entered into physical relations. On that day, the Petitioner transferred all their chats to her own phone. The Petitioner suspected that the Respondent was spending time with that girl at Place of the flat where respondent met the girl, a separate flat which he had taken.
(h)That the Petitioner, with the help of her cousin, namely Name of petitioner's cousin, caught the Respondent and that girl red-handed at the said flat on Date respondent was caught with the girl. Further, when the Respondent had gone to Agra on Date respondent went to Agra and the Petitioner's mother-in-law was not at home, the Petitioner's father-in-law attempted to misbehave with her.
(i)That the Petitioner was thrown out of her matrimonial home by the Respondent and his parents on Date petitioner was thrown out of matrimonial home. Since then, the Petitioner has been residing at her parental home, i.e., Petitioner's parental address, Punjab.
(j)Further, a petition under Section 125 of the Code of Criminal Procedure, 1973 is also pending before the Principal Judge, Family Court, Punjab, titled Section 125 CrPC case title. A complaint under Sections 498-A/406/354/120-B of the Indian Penal Code is also pending before the SSP, Punjab.
(k)That on 06.02.2024, the Respondent filed a petition bearing HMA No. HMA petition number under Section 9 of the Hindu Marriage Act, 1955 before the Ld. Additional Principal Judge, South West District, Dwarka Courts, Delhi. The matter is listed for further hearing on Date of next hearing. A typed copy of the said petition bearing No. HMA petition number under Section 9 of the Hindu Marriage Act, 1955, pending before the Ld. Additional Principal Judge, South West District, Dwarka Courts, Delhi, is annexed herewith as ANNEXURE P/1 (Pages Starting page number of annexure to Ending page number of annexure).
3.That on the aforesaid facts and circumstances, the Petitioner is filing the present Transfer Petition, inter alia, on the following grounds:
(a)Because the Petitioner is recovering from the trauma inflicted upon her by the Respondent and her in-laws, and is both physically and mentally exhausted. In such a condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceedings before the Court at Dwarka Courts, Delhi.
(b)Because the Petitioner cannot travel alone every time to contest the case at Petitioner's town in Punjab, Punjab. Since Petitioner's town in Punjab and Dwarka, Delhi are quite far apart (approximately 450.8 kilometres), such frequent travelling would be physically very strenuous for the Petitioner, who does not have the strength to bear the pressure of a long and tiresome journey of about 450 kilometres between Petitioner's town in Punjab, Punjab and Delhi.
(c)Because the distance between the Court at Petitioner's town in Punjab, Punjab and Delhi is approximately 450.8 kilometres from the residence of the Petitioner, and there is no direct conveyance available from her residence. The travelling time by train is around 10 hours, and the Petitioner is not in a position to spend so much in visiting the District Court at Delhi.
d.Because the Respondent, having sufficient means of income, can conveniently travel to Punjab and attend the proceedings there without any inconvenience, whereas it is practically impossible for the Petitioner to attend the proceedings at Delhi. It is pertinent to mention that the Respondent is residing and working at Delhi and has filed the case at Delhi with the sole intention of harassing the Petitioner.
e.Because the Petitioner is still recovering from the trauma inflicted upon her by the Respondent and his family members, and is physically and mentally exhausted. In such a condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceedings before the Court at Location of court in Delhi, Delhi, especially since the distance between Petitioner's town of residence and Destination city in Punjab is approximately Distance in kilometres between petitioner's town and destination city kilometres.
f.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. In her present fragile condition, it is not suitable for the Petitioner to travel to Delhi all alone. Further, the Petitioner has no independent source of income and is entirely financially dependent upon her parents.
g.Because at no point of time did the Petitioner leave her matrimonial home of her own accord; rather, she was thrown out of the matrimonial home by the Respondent and his parents. The Petitioner was physically assaulted by the Respondent and his family members and was subjected to continuous harassment on account of alleged insufficient dowry. She was thus forced to return to her parents' home at Petitioner's town in Punjab, Punjab. It is further pertinent to note that, at the relevant time, she was not even permitted to take her belongings with her, and her entire ‘stridhan’ still remains in the custody of the Respondent and his family.
h.Because it would be extremely difficult for the Petitioner to travel alone to Delhi from Petitioner's town in Punjab, Punjab, which is more than Approximate travel time in hours to Delhi hours away, and there is no one to accompany her. It is further 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 present fragile condition it is not suitable for the Petitioner to travel to Delhi all alone.
i.Because the Petitioner is not familiar with Delhi, having stayed there only for a few days after her marriage, and she would feel intimidated by the presence of the Respondent's relatives, 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 would ultimately result in denial of justice.
j.Because the Petitioner is virtually alone, as the family of the Petitioner-wife is unable to accompany her to the Court at Delhi.
k.Because the Respondent-husband has filed the said petition under Section 9 of 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 the Respondent and restore the deteriorating matrimonial relationship, she was tortured and thrown out of the matrimonial home.
l.Because, in view of the financial and physical hardships faced by the Petitioner in participating in proceedings instituted approximately Distance in kilometres between petitioner's town and destination city kilometres away from her ordinary residence, the proceedings under the Hindu Marriage Act, 1955 pending before the Additional Principal Judge, Family Court, Location of court in Delhi, Delhi, ought to be transferred to the Court of the concerned Principal Judge, Family Court at Destination city of transfer in Punjab.
4.The Petitioner has not filed any other petition before this Hon'ble Court or any other Court with regard to the subject matter of the present Petition. The Petitioner has no other remedy except to file this Transfer Petition.
PRAYER
In view of the above, it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
a)Transfer the petition under Section 9 of the Hindu Marriage Act, 1955 bearing HMA No. HMA petition number, titled as HMA petition title, pending before the Court of the Additional Principal Judge, Family Court, Location of court in Delhi, Delhi, to a Court of competent jurisdiction at the Family Court, Destination city of transfer in Punjab, Punjab.
b)Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
AND FOR THIS ACT OF KINDNESS, YOUR HUMBLE PETITIONER, AS IS DUTY BOUND, SHALL EVER PRAY.
Drawn on:
Filed on:
New DelhiDRAWN AND FILED BY:
Advocate's name
ADVOCATE FOR THE PETITIONER
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NO. I.A. number for stay application OF Year of the transfer petition and I.A.
IN
TRANSFER PETITION (CIVIL) NO. Transfer petition number OF Year of the transfer petition and I.A.
IN THE MATTER OF:
Petitioner's namePETITIONER
VERSUS
Respondent's nameRESPONDENT
AN APPLICATION FOR AD-INTERIM 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
PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1.The accompanying application for ex-parte ad-interim stay of proceedings is being filed along with the above-mentioned Transfer Petition under Order XLI of the Supreme Court Rules, 2013, read with Section 25 of the Code of Civil Procedure, 1908 and Article 142 of the Constitution of India, filed by the wife/Petitioner seeking transfer of the petition filed under Section 9 of the Hindu Marriage Act, 1955 bearing HMA No. HMA petition number, titled as HMA petition title, pending before the Court of the Additional Principal Judge, Family Court, Location of court in Delhi, Delhi, to a Court of competent jurisdiction at the Family Court, Destination city of transfer in Punjab, Punjab.
2.That, for the sake of brevity, the Petitioner craves leave of this Hon'ble Court to refer to and rely upon the accompanying Transfer Petition at the time of hearing of this application.
3.That the Respondent has, with an ulterior motive, filed the petition under Section 9 of the Hindu Marriage Act, 1955. It is pertinent to note herein that the above-named Petitioner tried her level best to adjust with the Respondent, but she was constantly humiliated, taunted and physically tortured, and was eventually thrown out of her matrimonial home.
4.The Petitioner is still recovering from the trauma inflicted upon her by the Respondent and his family members, and is physically and mentally exhausted. In such a condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceedings before the Court at Location of court in Delhi, Delhi, especially since the distance between Petitioner's town of residence and Destination city in Punjab is approximately Distance in kilometres between petitioner's town and destination city kilometres.
5.It is submitted that it would be extremely difficult for the Petitioner to travel alone to Delhi from Punjab, which is more than Approximate travel time in hours to Delhi hours away, and there is no one to accompany her. Apart from this, it is also pertinent to mention that 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; in her present fragile condition, it is not suitable for the Petitioner to travel to Delhi all alone. Further, the Petitioner has no independent source of income and is entirely financially dependent upon her parents.
6.Further, a petition under Section 125 of the Code of Criminal Procedure, 1973 is also pending before the Principal Judge, Family Court, City of family court in Punjab, Punjab, titled as Section 125 CrPC case title, and a complaint under Sections 498-A/406/354/120-B of the Indian Penal Code, 1860 is also pending before the SSP, District of SSP office in Punjab, Punjab.
7.In view of the financial and physical hardships faced by the Petitioner in participating in proceedings under the Hindu Marriage Act, 1955 instituted at a distance of Distance of the HMA proceedings from the Petitioner's ordinary residence from the ordinary residence of the Petitioner, the said proceedings, instituted before the Court of the Ld. Additional Principal Judge, Family Court, Family court location district, Family court location city, ought to be transferred to the Court of the concerned Principal Judge, Family Court at Destination city of transfer in Punjab.
8.That if the further proceedings in the said petition under Section 9 of the Hindu Marriage Act, 1955, which is listed for Date of next hearing, are not stayed by this Hon'ble Court, the Petitioner wife shall suffer irreparable loss and injury, inasmuch as the Petitioner is not in a position to contest the case at Family court location city, for the reasons stated above.
9.That the instant application has been made bona fide and in the interest of justice.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:-
A)Grant an ex-parte ad-interim stay of further proceedings in the divorce petition filed under Section 9 of the Hindu Marriage Act, 1955 bearing HMA No. HMA petition number titled as HMA petition title, pending before the Court of the Ld. Additional Principal Judge, Family Court, Family court location district, Family court location city, New Delhi;
B)Pass such other and 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, AS IN DUTY BOUND, SHALL EVER PRAY.
DRAWN & FILED BY:
Advocate's name
ADVOCATE FOR THE PETITIONER