IN THE SUPREME COURT OF INDIA

[UNDER S.C.R, ORDER XLI, RULE 1]

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. XXX OF 2024.

(For transfer of petition filed under Section 9 the Hindu Marriage Act, 1955 bearing HMA No. XXX titled as XXXXX pending before the court of Additional Principal Judge, Family Court, South West District, Dwarka Court, New Delhi to a Court of Competent jurisdiction at Family Court, Tarn Taran, Punjab)

IN THE MATTER OF:

XXXXXXX          PETITIONER    

VERSUS

XXXXXXX                                         RESPONDENT  

WITH

I.A.NO..........................…….OF 2024

AN APPLICATION FOR EX PARTE

AD INTERIM STAY

PAPER - BOOK

(KINDLY SEE INSIDE FOR INDEX)

ADVOCATE FOR THE PETITIONER: XXXXXX
RECORD OF PROCEEDINGS

SL. NO.      DATE OF RECORD OF PROCEEDINGS   PAGES

INDEX

PROFORMA FOR FIRST LISTING

SECTION:  XVI-A

XXXXX

AOR for Petitioner

Registration No. XXX

EMAIL

SYNOPSIS

The Petitioner by way of the instant transfer petition seeks transfer of petition filed by the Respondent under Section 9 of the Hindu Marriage Act, 1955 bearing No. HMA No. XXXX titled as “XXXXXXXXX” pending before the court of Additional Principal Judge, Family Court, South West District, Dwarka Court to a Court of Competent jurisdiction at Family Court, XXX, Punjab.

At this juncture, it is pertinent to mention here that the Petitioner is recovering from the trauma afflicted upon her by the Respondent and her in-laws and is both physically and mentally exhausted. In such condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceeding at Court in XXXX , Delhi, inasmuch as the distance between XXX to XXX is approximately about 450.8kilometres.

Apart from this, it may also be pertinent to mention herein that that 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 is totally financially dependent upon her parents.

Further Section 125 C.R.P.C petition is also pending before Principal Judge Family Court, XXXX, Punjab titled as XXXXXX, Complaint under section 498-A/406/354/120-B IPC is also pending before SSP, XXXXXX, Punjab.

It may be apposite to note herein that 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 XXXX, Punjab.  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. 

In view of the financial and physical hardships faced by the Petitioner to participate in HMA proceedings instituted 450.8kms away from the ordinary residence of the Petitioner and, under such circumstances, the HMA proceedings instituted before the Additional Principal Judge, Family Court, XXX, XXX  XXX may be transferred to concerned Principal Judge, Family Court in XXXX.

Lastly, it is most respectfully stated that the Petitioner is not elaborating various facts regarding allegation in respect of their marriage, demand of dowry, mistreatment, physical harassment etc. and confining the present pleading strictly to the fact which are necessary for transfer of the present Petition and further submits that the various averments made in the HMA Petition will be adequately replied in the proceeding before the concerned Court.

LIST OF DATES & EVENTS :-

IN THE SUPREME COURT OF INDIA

[UNDER S.C.R, ORDER XLI, RULE 1]

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. XXX OF 2024.

(For transfer of petition filed under Section 9 the Hindu Marriage Act, 1955 bearing HMA No. XXX titled as XXXXXX pending before the court of Additional Principal Judge, Family Court, South West District, Dwarka Court, New Delhi to a Court of Competent jurisdiction at Family Court, Punjab)

IN THE MATTER OF:

XXXXXXX          PETITIONER    

VERSUS

XXXXXXX                                        RESPONDENT  

TRANSFER PETITION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE READ WITH ORDER XLI OF THE SUPREME COURT RULES, 2013 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 ABOVENAMED

MOST RESPECTFULLY SHOWETH:

1.                 That this is an application under Order XLI of the Supreme Court Rules 2013, read with Section 25 C.P.C and Article 142 of the Constitution of India filed by the wife/petitioner seeking transfer of the Petition under Section 9 of the Hindu Marriage Act, 1955 bearing HMA No. XXX titled as XXXXX pending before the court of Additional Principal Judge, Family Court, South West District, Dwarka Court, New Delhi to a Court of Competent jurisdiction at Family Court, Punjab.

2.                 That the brief facts leading to the filing of the present Petition are as follows:

a)     That the marriage was solemnized on XXX between the Petitioner and the Respondent as per Hindu rites & ceremonies at in the presence of relatives and important persons at XXX and at the time of marriage, as per the demand of the Respondent and his Family members, dowry items including gold Jewelery etc. were also given to them. 

b)    After few days of marriage, the Petitioner became a victim of greedy aspirations of the Respondent and his family. They persistently harassed the Petitioner for bringing less dowry at the time of marriage and for shattering their hopes of getting a handsome sum of money, jewellery, household items from the wedding of their only son. At this juncture it is pertinent to mention here that Petitioner was also subjected to physical cruelty.

c)     That in the month of March, 2017 the respondent, his mother and father started taunting the petitioner that your family members did not marry according to our status and we hoped that according to Respondent's status in the marriage, he would get married. A luxury big car will be given as dowry but petitioner’s parents have not done anything. The petitioner used to be taunt for house work and even for small things and her mother in law used to speak bad things about her parents, Respondent was not made physical relation with the petitioner from the beginning because he was with another girl from the beginning, which the petitioner didn't have complete knowledge of before.

d)    That in the month of April, 2020 the respondent was talking on the phone till 12 o'clock in the night like every day, the petitioner heard her talking and her suspicion became stronger that the respondent is having an affair with a girl.  The petitioner told Respondent and her in-laws at the same time that the respondent talks to someone else on his phone more than her.

e)     That in the year 2021 the petitioner was unhappy, due to which she went to her parents' house for some time, but when Respondent brought her back, his attitude towards the petitioner had changed even more.

f)      That in the month of July, 2021 the respondent asked for 25 lakh rupees from the petitioner for some of his personal needs and said that the petitioner should ask for this money from her parents, but the petitioner flatly refused them saying that her parents have fulfilled more than their needs, now she can't ask for anything else from them, because of which the Respondent slapped her and saying bad things and said that he has made a mistake by marrying her. After which the respondent was not having any conjugal relationship with the petitioner and started spending most of his time outside till late at night and even when he came home, he used to spend most of his time on the phone, on which the petitioner was sure that respondent and his parents were the first to drive her out of the house. Later, the petitioner was being harassed about the demand for money, so that the petitioner was forced to leave the house herself, respondent could marry that girl of their own free will, in which both respondent and his parents had agreed beforehand.

g)    That on XXX 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 they were constantly chatting with the respondent and that girl whose name was XXXX was going on, from which it was clear that they have formed love relationships with each other and they have also formed physical relations. On that day, the petitioner transferred all their chats to her phone. The petitioner suspected XXX that he was spending time with that girl in the separate flat he had taken.

h)    That the petitioner caught red handed the respondent and that girl with help of her Cousin namely XXX at said flat on XXXX. When the respondent went to Agra on XXX and petitioner’s mother in law was not at home, the petitioner’s father in law was trying to misbehave with her.

i)       The petitioner was thrown out from her matrimonial home by the respondent and his parents on XXXXXX. Since the petitioner is residing at her parental home i. e XXXXX, Punjab.

j)       Further Section 125 C.R.P.C petition is also pending before Principal Judge Family Court, Punjab titled as XXXXX, Complaint under section 498-A/406/354/120-B IPC is also pending before SSP, Punjab.

k)    That on 06.02.2024 the Respondent filed HMA petition bearing no XXX under Section 9 of Hindu Marriage Act before Ld. Additional Principal Judge, South West District, Dwarka Court, Delhi. The matter is listed for further hearing on XXX. Typed copy of the petition bearing no XXX under section 9 of Hindu Marriage Act before Ld. Additional Principal Judge, South West District, Dwarka Court, Delhi is marked herewith as Annexure P/1 (Page……to…….).

3.                 That in such facts and circumstances, the Petitioner is therefore filing the present Transfer Petition on inter-alia the following grounds:-

a.      Because the Petitioner is recovering from the trauma afflicted upon her by the respondent and her in-laws and is both physically and mentally exhausted. In such condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceeding at Court in Dwarka Court, Delhi.

b.     Because the petitioner every time cannot travel alone to XXX, Punjab to contest the case. Since XXX, and Dwarka, Delhi are quiet far (approx 450.8 kms) away such frequent traveling might be physically very strenuous for the petitioner who is not of good strength to bear the pressure of long and tiresome journey of about 450 kms from XXX, Punjab and Delhi.

c.      Because the distance of the Court at XXX, Punjab and Delhi is approximately 450.8Kilometer from the residence of the Petitioner and there is no direct conveyance from her residence. The travelling time from train is around 10Hrs and the Petitioner is not in position to spend so much for visiting the District Court at Delhi

d.     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 Punjab 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 is residing and working at Delhi and with a sole intention to harass the Petitioner has filed the case in Delhi.

e.      Because the Petitioner is recovering from the trauma afflicted upon her by the Respondent and her in-laws and is both physically and mentally exhausted. In such condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceeding at Court in XXX , Delhi, inasmuch as the distance between XXX to XX  is approximately about 450.8kilometres.

f.       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 is totally financially dependent upon her parents.

g.     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 Tarn Taran, Punjab.  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. 

h.     Because it will be very difficult for the Petitioner to travel to Delhi from XXX, Punjab alone which is more than 10 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.

i.       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.

j.       Because the petitioner is virtually alone as the family of the petitioner-wife is unable to accompany her to Delhi Court.

k.     Because the Respondent-husband has filed the said petition under Section 9 of the 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.

l.       Because in view of the financial and physical hardships faced by the Petitioner to participate in HMA proceedings instituted 450.8kms away from the ordinary residence of the Petitioner and, under such circumstances, the HMA proceedings instituted before the Additional Principal Judge, Family Court, South West District, Dwarka Court Delhi may be transferred to concerned Principal Judge, Family Court in XXX.

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 this 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. XXX titled as XXXXXXXXXX pending before the court of Additional Principal Judge, Family Court, South West District, Dwarka Court, New Delhi to a Court of Competent jurisdiction at Family Court, XXX, Punjab.

b)                Pass any other Order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and 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 Delhi                                             DRAWN AND FILED BY:

                                                                   XXXXXXXX

ADVOCATE FOR THE PETITIONER

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO. _______ OF 2024.

IN

TRANSFER PETITION (CIVIL) NO. XX OF 2024.

IN THE MATTER OF:

XXXXXX            PETITIONER    

VERSUS

XXXXXX                                           RESPONDENT  

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 proceeding is being filed along with the above mentioned transfer petition under Order XLI of the Supreme Court Rules 2013, read with Section 25 C.P.C 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. XXX titled as XXXXXXX pending before the court of Additional Principal Judge, Family Court, South West District, Dwarka Court, New Delhi to a Court of Competent jurisdiction at Family Court, XXX, Punjab.

2.                 That for the sake of the brevity, the petitioner craves leave of this Hon’ble Court to refer 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 divorce petition with under Section 9 of the Hindu Marriage Act, 1955. It may be pertinent to note herein that the above named Petitioner tried her level best to adjust with the Respondent but she was constantly humiliated, taunted, physically tortured and was eventually thrown out of her matrimonial home.

4.                 The Petitioner is recovering from the trauma afflicted upon her by the respondent and her in-laws and is both physically and mentally exhausted. In such condition, it is not possible for her to undertake the exertion of travelling to attend the legal proceeding at Court in Dwarka Court, Delhi, inasmuch as the distance between XXXX to XX  is approximately about 450.8kilometres.

5.                 It is submitted that it will be very difficult for the Petitioner to travel to Delhi from Punjab alone which is more than 12 hours away and there is no one to accompany Petitioner. Apart from this, it may also be pertinent to mention herein that that 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 is totally financially dependent upon her parents.

6.                 Further Section 125 C.R.P.C petition is also pending before Principal Judge Family Court, XXX, Punjab titled as XXXXX, Complaint under section 498-A/406/354/120-B IPC is also pending before SSP, XXXX, Punjab.

7.                 In view of the financial and physical hardships faced by the Petitioner to participate in HMA proceedings instituted 450.8kms away from the ordinary residence of the Petitioner and, under such circumstances, the HMA proceedings instituted before the Additional Principal Judge, Family Court, South West District, Dwarka Court Delhi may be transferred to concerned Principal Judge, Family Court in XXX.

8.                 That if the further proceeding in the petition Section 9 of HMA hearing, which is listed for XXXX, in the said petition is not stayed by this Hon’ble Court the petitioner wife will suffer irreparable loss and injury in as much the petitioner is not in a position to contest the case at Delhi, due to reasons stated above.

9.                 That the instant application has been made bonafide 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 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. XXXXX titled as XXXX pending before the Court of Ld. Additional Principal Judge, Family Court, XX ,XXX, New Delhi;

B)      Pass such other or 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 YOUR PETITIONERS AS IN DUTY BOUND SHALL EVER PRAY.

DRAWN & FILED BY:

XXXXX

ADVOCATE FOR THE PEITITIONER