Legal Formats

TRANSFER PETITION FORMAT IN MATRIMONIAL MATTERS _SUPREME COURT

(TRANSFER PETITION FORMAT IN MATRIMONIAL MATTERS _SUPREME COURT )

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO ______OF ________

IN THE MATTER OF :

BASANTI  ……………………………………………………………………………………………………..PETITIONER

VS

VEERU ……………………………………………………………………………………………………….RESPONDENT

TRANSFER PETITION UNDER SECTION 25 OF CODE OF CIVIL PROCEDURE, 1908 R/W  ORDER XLI OF THE SUPREME COURT RULES, 2013 SEEKING TRANSFER OF DIVORCE PETITION BEAIRNG NO XX/XXXX FROM FAMILY COURTS, CENTRAL DISTRICT,  TIS HAZARI COURTS TO FAMILY COURTS, RAMGARH, UTTARAKHAND

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA

 AND HIS COMPANION JUSTICES AT THE SUPREME COURT

HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST HUMBLY SHOWETH

1. That the marriage of the Petitioner with the Respondent  was solemnized at Ramgarh, Uttarakhand.

2. That out of wedlock there is one son Gaurav aged about 3 years , who is also residing with Petitioner.

3.That Respondent is working at Delhi. After marriage the petitioner shifted to Delhi where the Respondent was working as marketing executive.

4. That Respondent was having extramarital affairs with one Sangeeta as such disputes and differences arose between Petitioner and Respondent. Everyday there used to quarrel between the Petitioner and the Respondent. Respondent has even stopped giving money for household expenditure to the Petitioner.

5. The Respondent has thrown the Petitioner out of the matrimonial home on xx/xxxx as such the Petitioner is constrained to live with her parents at Ramgarh.

6. That Respondent has filed Petition bearing No. xx/xxxx for divorce at Family Courts, Central District, Tis Hazari Courts, Delhi.

GROUNDS FOR TRANSFER

7. That the Respondent is filing this Petition for transfer on following grounds.

A. Because Petitioner is residing at Ramgarh Uttarakhand. She has to travel more than 300 kilometers to attend the Court hearing which is full of hardships as she also has to take her child alongwith her.

B. Because Petitioner does not have any source of income. The Petitioner is fully dependent on her parents. She does not have any money to pay for travel expenses to Delhi.

C. Because the Respondent is employed as marketing and earning around Rs. 1 Lac per month can easily bear expenses of travel to Ramgarh.

D. Because the Respondent is not paying even a single penny towards maintenance of the Petitioner of her child.

E. Because the Petitioner has also filed application for maintenance under Section 125 Cr. PC   which is also pending before Family Courts, Ramgarh.

8. That parties before this Hon’ble  Court are the same as that of the case which is sought to be transferred.

9. That the Petitioner has not filed any other similar petition before this Hon’ble Court or any other Court.

10. That it is expedient for ends of justice that the Petition of the Petitioner is transferred.

PRAYER

In light of aforesaid facts and circumstances, it is therefore prayed that that this Hon’ble Court may be pleased :

(i) Transfer the Divorce Petition bearing No. xx/xxx pending before Family Courts, Tis Hazarti, Delhi  to Family Courts Ramgarh, Uttarakhand.

(ii) Pass any other order(s)/direction(s) as this Hon’ble Court may deem fit and proper.

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

                                                                                     ADVOCATE FOR THE PETITIONER

PLACE:

DATE:

_____________________________________________________

Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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