IN THE HON'BLE SUPREME COURT OF INDIA.

CIVIL ORIGINAL JURISDICTION

I.A. No. ________ OF 20__

IN

TRANSFER PETITION (C) No. _____ OF 20__

[Petition under Section 25 of the code of the Civil Procedure Code, 1908 read with Article 139 A of the Constitution of India, read with order XXXVI-B of the Supreme Court of India Rules, 2013, for transfer of the case titled as “XXXXXX v.XXXXX ” being Divorce Petition bearing HMA No.XXXX , pending before the Ld. Principal Judge, Family Court; Karkardooma Courts, Delhi]

IN THE MATTER OF:-

XXXXXXXXXXX                                     … PETITIONER

VERSUS

XXXXXXXXXXX                                     … 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 wife seeking transfer of proceedings under Section 25 Civil Procedure Code, 1908, read with Article 139A of the Constitution of India, read with order XXXVI-B of the Supreme Court of India Rules, 2013 for transfer of the case titled as “XXXXXX v.XXXXX ” being Divorce Petition bearing HMA No.XXXXX , pending before the Ld. Principal Judge, Family Court; Karkardooma Courts, Delhi.

2.     The contents of the same 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 residing and studying at Gandhidham, Gujarat. That the Respondent has numerous connections and acquaintances living in the proximity of Delhi. It is important to mention here that the present case filed by Respondent in Delhi as Respondent’s father is a practicing lawyer in Delhi District Courts and Respondent and want to create problems, harassment to the Petitioner her only son Master A  Aged-9 years and the Petitioner not able to contest the case in Delhi.

4.     That the Petitioner has to make various accommodations (i.e. her health, travel and safety etc.) every time she has to travel from Gujarat to Delhi. That the distance from Gandhidham, Gujarat to Delhi is about 1132 Kms and it is very difficult for the Petitioner to travel alone as there is no direct connectivity and the Petitioner is the only person taking care of her school going child namely Master A -Aged- 9 Years studying in class 4^th in XXX School, Adipur, Gandhidham, Gujrat and she cannot go out of station left behind her minor school going child. Furthermore, the Petitioner’s safety and well-being as the distance took 20 hours to reach from Gujarat to Delhi and total travelling time is about 40 hours plus which will cost to her minimum to minimum approx. 10,000/- (including traveling cost, foods, stay in Hotel and misc. expense etc.).

5.     That undue hardships and irreparable loss would be caused to the petitioner if the reliefs as prayed 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 ad-interim ex-parte stay of proceedings in case titled as “XXXXX v.XXXXX ” being Divorce Petition bearing HMA No.XXXXX , pending before the Ld. Principal Judge, Family Court; Karkardooma Courts, Delhi which is coming up on 08.10.20XX;

B.    Pass such other further order/orders as the Hon’ble Court may deem fit and proper in the interest of justice.

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

DATED:

NEW DELHI:

                      ADVOCATE FOR THE PETITIONER