IN THE SUPREME COURT OF INDIA

ORIGINAL CIVIL JURISDICTION

TRANSFER PETITION (CIVIL) NO.               OF 2024

[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 “XXXXXXX v. XXXXXX ” being Divorce Petition bearing HMA No.XXXXX , pending before the Ld. Principal Judge, Family Court; Karkardooma Courts, Delhi]

IN THE MATTER OF:

Mrs. XXXXXX , aged ____ years,

W/o Sh. ________________

D/o_____________________,

R/o_____________________________

Presently at: …………….

Gandhidham, Gujarat                                  …PETITIONER

VERSUS

Mr.XXXXX, aged ___ Years,             

S/o Sh. _____________________

R/o________________________,

, Delhi-1100__.                                            … RESPONDENT

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 “XXXXX V. XXXXXX ” BEING DIVORCE PETITION BEARING HMA NO.XXXX, PENDING BEFORE THE LD. PRINCIPAL JUDGE, FAMILY COURT; KARKARDOOMA COURTS, DELHI.

To,

THE HON’BLE CHIEF JUSTICE OF INDIA,

AND HIS COMPANION JUSTICES OF THE

SUPREME COURT OF INDIA.

THE HUMBLE PETITIONER OF THE ABOVE NAMED

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 139 A of the Constitution of India read with Order XXXVI-B of the Supreme Court Rules, 1966 inter-alia for order and direction from this Hon’ble Court for transfer of the case titled as “XXXXX v. XXXXX ” being Divorce Petition bearing HMA No.XXXX , pending before the Ld. 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 got married with the Respondent on 06.xx.2013 at Delhi according to Hindu Rites, Customs and ceremony with great pomp and show and in the said marriage father of the Petitioner spent huge amount and all articles are in the custody of the Respondent and in laws.

                             ii.            That after the marriage the Petitioner joined her matrimonial home and out of this wedlock one male child namely Master A was born on 15.xx.20215 and entire medical expenses borne by the Petitioner’s family.

                           iii.            That in the year 2013, the father of the Respondent had initially approached the Petitioner's father for her hand in marriage. The Petitioner agreed to a marriage with Respondent based on the representations and assurances provided by the Petitioner and his family members and believing that her future would be happy and secure with the Respondent family.

                           iv.            That the marriage between the Petitioner and the Respondent was solemnized on 06.XX.2013 at Delhi according to Hindu Rites and ceremonies. The Respondent and his family members made several demands relating to the kind of wedding that would take place and ultimately led to a wedding with great pump and show and the entire expenditure was incurred by the parents of the Petitioner. The Respondent and his family members forced the Petitioner's family to meet various demands relating to jewellery, household items, and other items for them as well as other relatives of the Respondent and the same will be given in complaints before competent authority.

                              v.            That after the solemnization of the marriage, that the Petitioner was shocked to see a different demands of Respondent’s family members on dowry articles, despite the acquiescence of the Petitioner's family in fulfilling all demands made by them, the mother-in-law and sister-in-law of the Petitioner were not happy and would constantly taunt and insult her and her parents for not getting jewellery items as per their demands. The Petitioner was surprised to see their greed and covetousness since they are well-off as a family. The Petitioner communicated her inhibitions about the Respondent's family and in particular his elder sisters Mrs.R, Mrs.M, Mrs.S and Mrs.R Mami ji and her brother Mr.D. The Respondent’s mother demanded that the Petitioner should give all her jewellery including her stridhan for safekeeping. Relying upon the representations made by her, the Petitioner entrusted all her jewellery, stridhan etc. and the entire jewellery articles, istridhan articles are into the custody of Respondent’s mother.

                           vi.            That the Petitioner belongs to a very adjustable close-knit family with a deep emphasis on family values and culture and tolerated everything since she wanted to continue this relation as she loves so much to the Respondent and never expected the same from Respondent.

                         vii.            The Petitioner has not sufficient income to maintain herself and her minor son while the Respondent has sufficient source of income and still has not even cared to offer a single paisa to the Petitioner and her for their maintenance, as such the Respondent has breached the obligatory marital duties and obligations to maintain the Petitioner and her minor son.

                      viii.            That this kind of cruel and unfair treatment was completely unacceptable to the Petitioner as it was totally against her dignity and self-respect. The Respondent has provided the Petitioner with no financial security. The Petitioner is unable to look after her minor son as such she has no choice but to fall back on her elder sister for financial support. Basic need like food, clothing, and education is being provided from the money given by her elder sister. Therefore, over and above the maintenance she is due under law, the Petitioner is entitled to get compensation from Respondent and his family members for the cruel behaviour and conduct, mental, physical and psychological torture suffered at their hands.

                           ix.            That all the belongings and jewellery of the Petitioner is still with the mother of Respondent and the Petitioner has been forced to live a life full of misery and cruelty resulting from acts being committed by the Respondent and his parents and it was the Respondent who deserted his wife from his company for greed of his second marriage with someone else.

                              x.            That the Respondent is greedy for money and in past he had taken approx. Rs.12 lakhs from Petitioner and want to marry with another girl for money only and his family members supporting for the same otherwise no reason available for the Respondent to leave the Petitioner and her minor son.

                           xi.            That the Petitioner being the legally wedded wife of the Respondent, shown her love, affection, attachment, willingness towards the Respondent and his other family members and still believe that she could live her matrimonial life with the Respondent as the Petitioner having one minor son and did not want to leave the Respondent as she is legally wedded wife of Respondent and believed in one philosophy that “SHADI JEEWAN ME SIRF EK BAAR HOTI HAI” she also maintained the dignity and respect of the family of the Respondent and always fulfilled her marital status / obligations with the Respondent and his family members on different occasions. The Petitioner tolerated everything with this hope that one day better sense would prevail upon the Respondent and he would mend his ways and the Petitioner still hoped for the same. The Petitioner was / is having too much love and affection with the Respondent but Respondent has scattered all the dreams of the Petitioner by filing the false and frivolous petition of divorce. The only problem of Respondent and his family members are they are greedy for money and want money from Petitioner and her family members. The Petitioner never dared to talk either with the Respondent or with his mother in high volume in entire life. The Respondent, his parents and sister demanded dowry and beaten Petitioner on number of occasions and for the same, the Petitioner reserves the right to initiate criminal complaints against the Respondent and his family members. The Respondent left the Petitioner without any of her fault and till date, she is not aware why Respondent behaving like this and why the said divorce petition filed by him before this Ld. Family Court, Delhi. The Respondent had filed the false and frivolous petition before Ld. Family Court for getting the 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 stated to the Respondent that she will file the complaint against the Respondent and his family members for the act of cruelty and demand of dowry, the Respondent got irked and filed the false and frivolous case against the Petitioner wife being the 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 “XXXXX v.XXXXX” being HMA Petition bearing No.XXXXX .

                      xiii.            It is respectfully submitted that since the prayer sought in this proceedings are to transfer the case filed by the respondent the Petitioner is intentionally not detailing the extent of cruelty and neglect done by the Respondent husband so as to avoid diverting the scope of these proceedings. The Petitioner reserves her liberty to file the detail response as per the need.

                       xiv.            That the Petitioner has not filed any other Transfer Petition in this Hon’ble Court or in any other Court, for transfer of this petition. The Petitioner is, therefore, approaching this Hon’ble Court under Article 139 A of the Constitution of India and Section 25 of the Code of Civil Procedure, 1908 read with Order XXXVI-B of the Supreme Court Rules, 2013 for transfer of Petition for Divorce under Hindu Marriage Act, 1955 titled as “Uphaar Sharma v. Madhvi Sharma” being HMA Petition bearing No.174/2024 pending before Hon’ble Principal Judge, Family Court, Karkardooma, Delhi to Ld. Family Court, Gandhidham, Gujarat  or any other Family Court at Gujrat.

3.      The Petitioner submits that the same is required in order to meet the ends of justice and for impartial and fair trial and the following grounds, each of which is without prejudice to the other.

GROUNDS:

A.               Because the divorce proceedings is an instrument to exert pressure and coerce the petitioner wife to acquiesce to nefarious demands of the respondent-husband. Basis, the identity documents of the Petitioner, Petitioner and her son are presently residing at Gandhidham, Gujarat and her son  Master A-Aged- 9 Years studying in class 4^th in XXXXX School, Gandhidham, Gujrat. Even, as per the Respondent husband’s own averment that in Divorce Petition in para 2 in the status and place of residence of Petitioner before and after marriage at XXXX Nagar, Agra. Thus, by way of his own admission neither of the Petitioner reside in Delhi at the time of filing of the divorce proceedings and worked at Gujarat. Thus, filing of the divorce proceedings in Delhi can clearly be inferred as a tactic to exert pressure and coerce Petitioner wife to acquiesce to the nefarious demands of the Respondent husband.

B.                Because the divorce petition filed by Respondent is just to harass the Petitioner as Respondent knows that at present the Petitioner is residing at Gandhidham, Gujrat near to her elder sister Anjali along with her only son Master A-Aged- 9 Years studying in class 4^th in XXXXX School, , Gandhidham, Gujrat and not possible for Petitioner to contest the case from Gandhidham before the Hon’ble Court of Delhi and it is important to mention here that the said divorce case proceedings 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 and her only son  Master A Aged-9 years and the Petitioner not able to contest the case in Delhi.

C.                The parties had a tumultuous married life. Having married for over 11 years, the Petitioner wife all throughout tolerated the mercurial temper of the Respondent husband. On various occasions, the Respondent husband also engaged in physical beatings to the Petitioner wife; however, the Petitioner wife kept on sailing in the tumultuous married journey for the sake of her child and family members. Needless to say, the Respondent husband engaged himself in multiple counts of extramarital relationships during these years.

D.               Because, 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.

E.                Because 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 XXXXX School, 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.).

F.                 Admittedly, the Petitioner aged around 39 years is working as ………… at Gujarat not only sustain herself, but also to pay off school fees of the child and rent per month. Admittedly, the Respondent husband has not contributing in the School Fees etc. of the child since separation and the Petitioner so is managing the whole thing as well as the payment of the household expenses and Fees etc. Thus, frequent travel to Delhi by train/bus/car would severely jeopardize the Petitioner.

G.               Because the respondent, who has enough source of income and capable to manage to come to Punjab and it will not be inconvenient for the Respondent to come to Gujarat and to attend the proceeding therein, but it is wholly impossible for the petitioner to attend the proceeding at Delhi. It is pertinent to mention here that Respondent and his family residing at Delhi and with a sole intention to harass the Petitioner has filed the case in Delhi.

H.               Because travelling alone to Delhi, which is the place of Residence of Respondent and all his family members is not safe as the family of Respondent might intimidate her and put pressure on her and in her current fragile situation it is not suitable for the Petitioner to travel to Delhi all alone. Also, the Petitioner is not having source of income and hardly to maintain her son.

I.                   Because at no point of time, did the Petitioner leave her matrimonial home. 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 facing continuous harassment for bringing fewer articles in dowry. Thus, she was forced to return to her parents at Delhi.  It may be further pertinent to note here that at the material point of time, she was not allowed to take away her belongings and all her ‘stridhan’ is still lying with the Respondent and his family. 

J.                  Because it will be very difficult for the Petitioner to travel to Delhi from Gujarat alone which is more than 20 hours away and there is no one to accompany Petitioner.  Also, it is pertinent to mention that travelling alone to Delhi, which is the hometown of Respondent and all his family members is not safe as the family of Respondent might intimidate her and put pressure on 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 the know-abouts of Delhi as she stayed there only for a few days after marriage and will feel intimidated by the presence of all the relatives of Respondent, who might take advantage of her unawareness of the place. The inability of the Petitioner to contest proceedings at a place away from her ordinary residence will eventually result in denial of justice.

L.                Because the Respondent-husband has filed the said HMA Petition under Hindu Marriage Act, 1955 with mala-fide intentions and he 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 tried to sober him up and restore her breaking matrimonial relationship, she was tortured and thrown out of her matrimonial house.

M.              Because in view of the financial and physical hardships faced by the Petitioner to participate in HMA proceedings instituted 1132kms away from the ordinary residence of the Petitioner and, under such circumstances, the HMA proceedings instituted before the Ld. Principal Judge, Family Court, Karkardooma, Delhi may be transferred to concerned Principal Judge, Family Court in Gujarat.

4.      That petitioner states that no earlier petition was filed by the petitioner for transfer the proceeding of Divorce Petition bearing HMA No.XXXXX  pending before the Ld. Principal Judge, Family Court, Karkardooma, Delhi.

PRAYER:

It is, therefore, respectfully prayed that this Hon’ble Court maybe pleased to:-

a)     Allow this Transfer Petition and direct for transfer of case titled as “XXXXXX v. XXXXXXX ” being Divorce Petition bearing HMA No.XXXXX, pending before the Ld. Principal Judge, Family Court; Karkardooma Courts, Delhi to the Ld. Family Courts, Gujarat, or any other competent Court in the jurisdiction of Gujarat Courts.

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 SHALL AS IN DUTY BOUND EVER PRAY.

DATED:

NEW DELHI:

                                                ADVOCATE FOR THE PETITIONER

IN THE SUPREME COURT OF INDIA

ORIGINAL CIVIL JURISDICTION

TRANSFER PETITION (CIVIL) NO.               OF 20__

IN THE MATTER OF:-

XXXXXXXXXXXX                                  … PETITIONER

VERSUS

XXXXXXXXXXXX                                  … RESPONDENT

AFFIDAVIT

I, XXXXX , D/o_________________, aged about ___ years, R/o ………….Gandhidham, Gujarat., do hereby solemnly affirm and state on oath as under:

1.       That I am the petitioner in the above noted case and 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, List of Dates and Events from page nos. _____ to _____, Transfer Petition from para nos. _____ to   ____ at   page   Nos. ____ to _____   alongwith   the   I.As. no.____ to page ____) have been drafted by my counsel under my instructions and the averments made therein have been read 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 nothing is false and nothing material has been concealed therefrom. 

Verified at New Delhi on this the day _____of September, 2024. 
 

DEPONENT