TRANSFER PETITION FORMAT UNDER SECTION 406 Cr.PC _SUPREME COURT

(TRANSFER PETITION FORMAT UNDER SECTION 406 Cr.PC  _SUPREME COURT )

IN THE SUPREME COURT OF INDIA

CRIMINAL  ORIGINAL JURISDICTION

TRANSFER PETITION (CRIMINAL) NO ______OF ________

IN THE MATTER OF :

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

VS

VEERU …………………………………………………………………………………………………………………RESPONDENT

TRANSFER PETITION UNDER SECTION 406  OF CODE OF CRIMINAL PROCEDURE, 1973 R/W    ORDER XXXIX OF THE SUPREME COURT RULES, 2013 SEEKING TRANSFER OF CRIMANL COMPLAINT  BEAIRNG NO XX/XXXX UNDER SECTION 498A IPC  FROM MAHILA COURT, CENTRAL DISTRICT,  TIS HAZARI COURTS TO  DISTRIC COURTS, RAMGARH, UTTARAKHAND

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA

 AND HIS COMPANION JUSTICES AT THE SUREME 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 according to Hindu rites and ceremonies.

2. That after marriage Petitioner shifted to Delhi where the Respondent was working as marketing executive.

3. That Respondent was having extramarital affairs with one Aneeta as such disputes and differences arose between Petitioner and Respondent. Everyday there used to quarrel between the Petitioner and the Respondent.

4. Respondent used to treat the Petitioner with cruelty as such Petitioner was constrained to lodge FIR under Section 498A IPC at Police Station xxxxx.

5. Chargesheet has been filed  and Trail has started before Mahila Court, Central District, Tis Hazari Courts.

6. The Respondent has thrown the Petitioner out of the matrimonial home on xx/xxxx. The Petitioner was having no option except to live with her parents at Ramgarh.

GROUNDS FOR TRANSFER

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

A. Because Petitioner is residing at Ramgarh Uttarakhand. The distance between Delhi and Ramgarh is more than 300 kilometers. Due to the same, it is difficult for the Petitioner to attend hearings at Delhi.

B. Because Petitioner does not have any source of income and 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 executive and earning more than 2 lacs rupees per month. The Respondent can easily bear expenses to attend court proceedings.

D. Because the Respondent is resourceful and influencing the trail at Delhi. There is not much progress since filing of the chargesheet. The Petitioner is unable to take any action due to distance involved.

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

9. 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 to :

(i) Transfer Criminal Complaint  bearing No. xx/xxx pending before  Mahila Court, Central District, Tis Hazari, Delhi  to District  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:

Note: Transfer Petition has to be accompanied by Synopsis, List of Dates, Affidavit etc.

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