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IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)
TRANSFER PETITION (CIVIL) NO. OF 2016
IN THE MATTER OF :
MRS. POONAM KUMARI
W/O MR. RAHUL
D/O JAGDISH SAHANI
R/O AMARGARH GAMRI,
KAITHAL PRESENTLY RESIDING AT H. NO. I- 186,
JANAK VIHAR, I.A.R.I. NEW DELHI
PUSA, PATEL NAGAR, NEW DELHI
ALSO AT
R/O R-143 KARAN VIHAR
NANGLOI,
DELHI- 110086 ....PETITIONER
VERSUS
MR. RAHUL,
S/O MANOHAR LAL
R/O [Link]. 666/12, GALI NO. 8,
AMARGARH GAMRI,
DISTT. KAITHAL,
CHANDIGARH ....RESPONDENT

(TRANSFER PETITION UNDER SECTION 25 OF THE CODE OF

CIVIL PROCEDURE, 1908, READ WITH ORDER XXXVI-B OF THE

SUPREME COURT RULES, FOR SEEKING TRANSFER OF THE

PROCEEDINGS BEING HMA NO. 94 OF 2013 TITLED AS RAHUL

VS. POONAM KUMARI PENDING BEFORE THE COURT OF CIVIL

JUDGE (SENIOR DIVISION), DISTT. KAITHAL, CHANDIGARH TO

FAMILY COURT NEW DELHI AT DELHI.

To,
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THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS HON’BLE
COMPANION JUSTICES OF THE HON’BLE SUPREME
COURT OF INDIA

THE HUMBLE TRANSFER PETITION OF THE PETITIONER

ABOVE NAMED.

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is filing the present Petition under Section 25 of

the Code of Civil Procedure, 1908 read with Order XXXVI-B of the

Supreme Court Rules, humbly seeking transfer of the proceeding

being HMA No. 94 of 2013 titled as Rahul Vs. Poonam Kumari

pending before the Court of Civil Judge (Senior Division), Distt.

Kaithal, Chandigarh to Family Court New Delhi at Delhi.

2. The relevant and material facts leading to the filing of this petition

are as follows:

2.1. That the Petitioner and the Respondent is husband-wife. The

Petitioner got married to the Respondent on 16.06.2012, at Shiv

Mandir, Sector- I Panchkula as per Hindu rites and customs.

2.2. The said marriage was a “love marriage” and the Petitioner

eloped with the Respondent. The parties were introduced to each

other by a common friend namely Ms. Meenu. The parties for the

first time met each other at Delhi somewhere in April-May, 2011.

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2.3. That Respondent within a couple of meetings got to know that

the Petitioner belongs to as a well to do family and that

Petitioner’s parents do not have any son.

2.4. That the Respondent since the inception had an evil eye on the

savings of the Petitioner’s parents and as such lured her into

getting married to him and led her the garden path by making tall

promises and giving false hopes of a very happy and successful

married life.

2.5. The Petitioner being naive fell into the trap of the Respondent

and thereafter eloped with him to get married on 16.06.2012 as

per Hindu rites and rituals.

2.6. That the Respondent with his evil designs coaxed the Petitioner

to make a joint protection petition before the District & Sessions

Court, Kaithal and the same was grated vide order dated

18.06.2012 by the Court of Sh. D.S. Sheoran, Ld. District and

Sessions Judge, Kaithal. That vide order dated 26.06.2012 the

said petition was disposed of by a recording a finding that the

parents of the parties would not interfere in the marital life of the

parties.

2.7. That thereafter the parties went to their respective houses and it

was decided that a formal marriage ceremony would be

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conducted and the same was performed on 1.07.2012 at Dr.

Rajender Prasad Kisan Hotel at Pusa in Delhi in the presence of

friends and family of both the sides.

2.8. Thereafter Petitioner started living with the Respondent in their

matrimonial house at, [Link]. 666/12, Gali No. 8, Amargarh Gamri,

Kaithal, Chandigarh.

2.9. That immediately after the fourth day of marriage the attitude of

the Respondent and his family members changed and the

Respondent and his family members started harassing and

torturing her for not bringing dowry. The Petitioner during her stay

was not allowed to talk to anyone and was not even give a single

penny to buy basic daily essentials.

2.10. That the Respondent used to beat and abuse Petitioner after

consuming alcohol. This torture was carried out by him almost

daily. Respondent used to exploit and harass Petitioner both

mentally and physically. Whatever little money was left with the

Petitioner was also taken by the Respondent which he used to

consume alcohol.

2.11. That the Respondent and his family members always used to

force the Petitioner to bring more dowries and also used to

pressurize the Petitioner to ask her parents to buy a car and a

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house in Delhi for Respondent and his family. Many such

instances have happened wherein the Petitioner was harassed

and tortured for dowry. One such instance is when Respondent

and his family members demanded a sum of Rs. 5,00,000/-

(Rupees Five Lakhs only/-) from Petitioner which Petitioner

denied to ask from her parents and for this reason she was

beaten black and blue by Respondent and other family members.

2.12. Petitioners mobile phone was snatched from her and she was

confined in the house. She was not allowed to go out and she

had no way through which she could contact her parents. It was

on 16.12.2012 that Petitioner ran away from her matrimonial

house to stay with her elder sister, Mrs. Lata Sahani at R- 143,

Karan Vihar, Part VI, Gali No. 7, Nangloi. She had no money at

that time and it was only because of help of some people that

she took a bus from Kaithal to Delhi.

2.13. The Respondent and his family members used to beat the

Petitioner mercilessly despite being fully aware that she is three

months pregnant. Seeing this attitude of her husband and in

laws she was left with no option but to come to her parents.

2.14. That on 17.12.2013 the parents of the Respondent as well as

the maternal uncle and aunt along with a family friend of the

Respondent came to the Petitioners house and taunted and

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insulted them and told them that she has “again” run away from

her house. At this time the Petitioner was staying with her elder

sister.

2.15. That there was no communication between the Petitioner and

the Respondent from 16.12.2013 till 08.04.2013, when the

father of the Respondent along with his two other family friends

came to Delhi to take Petitioner back to her matrimonial house

at there was a wedding of the Respondents first cousin.

2.16. That it was for the first time that the Respondent talked to the

Petitioner after almost four months. The Petitioner was asked to

come back with a least two Lakhs Rupees as the Respondent

wanted to spend the same on his cousins wedding. The

Petitioner refused to go back or send any money.

2.17. That on 26-27.04.2013 the Respondent came down to Delhi and

stayed with the Petitioner at her parents’ house for about a

month or so. Things were normal for about 8-10 days or so

thereafter the Respondent again started drinking daily and used

to beat the Petitioner knowing fully well that she was 7-8 months

pregnant at that time. During this time also the Respondent took

up a job at filmistan in a Mobile Repair Shop and used to earn

about Rs. 10,000/- (Rupees Ten Thousand only/-) per month.

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2.18. That the Respondent stayed with the Petitioner at the

Petitioner’s parents house till 30.05.2013 and thereafter took an

accommodation or rent near his work place only at a monthly

rental of Rs. 5,000/- (Rupees Five Thousand only/-). However,

during this time also the Respondent did not pay anything to the

Petitioner for her daily needs.

2.19. That the Petitioner gave birth to a boy (Master Arnav) on

30.06.2013 and on the same day Respondent and his family

members came to Lady Harding Hospital, Delhi and they

expressed their desire to take the Petitioner and her child with

them to her matrimonial home and again raised a demand of

Rs. 5,00,000/- (Rupees Five Lakhs only/-). Since, the

Petitioner’s family did not have that much money and said no to

the Respondent; the Respondent and his other family members

made created a scene at the hospital itself. They misbehaved

with the Petitioner and also snatched the child from her. It was

only after intervention of hospital staff that the Respondent

returned the child to Petitioner. Copy of the birth certificate of

the child dated 07.12.2013 issued by Health Department New

Delhi Municipal Council is herewith produced as ANNEXURE-

P-1. (Pg............. to ..............).

2.20. On 5.10.2013 the Respondent and his family members came to

Petitioner’s parent’s house and insisted to take Petitioner and

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the child back to Kaithal. In light of past conduct of Respondent

and his family members, Petitioner’s parents justly refused to

send her and child back to Kaithal on which these five people

Respondent (husband), Petitioner’s brother in law, sister in law,

Respondents aunt and driver they all started attacking

Petitioner, her parents and her younger sister. Petitioner’s sister

in law also picked up the child and was trying to run away from

the place. It was only when the neighbours arrived and they

helped Petitioner and her family and thereafter Respondent and

others left the place. The Petitioner and her Mother were

medically examined.

2.21. That the Petitioner has initiated proceedings against the

Respondent by making a Complaint to the Crime against

Women Cell and also in police station of Inder Puri. Translated

copy of the Complaint dated 16.10.2013 in DD No. 23-B lodged

by the Police Station Inderpuri New Delhi is herewith produced

as ANNEXURE- P-2. (Pg............. to ..............).

2.22. Respondent has filed a petition under Section 9 of the Hindu

Marriage Act, 1955 in the District Court of Kaithal and for the

same summons have been sent to the Petitioner. Copy of the

Petition under Section 9 of Hindu Marriage Act 1955 dated nil in

HMA No. 94 of 2013 filed before the Court of Civil Judge (Senior
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Division), Distt. Kaithal, Chandigarh is herewith produced as

ANNEXURE- P-3. (Pg............. to ..............).

2.23. The Petitioner has reasons to believe that this case has been

filed with the sole intention of overcoming the criminal cases

filed and also to gain sympathy of the Courts. In the aforesaid

proceedings at Kaithal, the Petitioner came to be placed ex-

parte as she was unable to appear. Thereafter, the Court had

referred to the case for mediation, it appears the same has

failed. Now left with no alternative, the Petitioner is constrained

to approach this Hon’ble Court, as she unable to personally

appear and conduct her case.

2.24. It is respectfully submitted that since the prayer sought in these

proceedings are to transfer the case filed by the respondent the

petitioner is neither filing volumeness document or making

serious allegations so as to avoid diverting the scope of these

proceedings. The Petitioner reserves her liberty to file the detail

response in appropriate proceedings.

3. 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.

4. GROUNDS :
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4.1. Because the Petitioner is residing in Delhi, along with her minor

son at her sister’s house. There is no one else to support the

Petitioner or her minor son apart from her sister and parents.

4.2. Because it would be very difficult to travel to Kaithal along with a

minor child of one year four months for contesting the petition

under Section 9 of Hindu Marriage Act, 1955.

4.3. Because whenever the Petitioner has to travel to Kaithal for the

purposes of contesting this petition under Section 9 of HMA, 1955,

she has to take her minor son along with her, as he cannot be left

alone with Petitioners parents as both of them are old and cannot

be expected to take care of infant child. It will be very difficult to

leave the child with her Maasi also as she also has her own family.

This will causes great inconvenience to both of the child and the

Petitioner.

4.4. Because the Respondent and his family members always

threatens the Petitioner with physical harm and injury every time

she was in her matrimonial house so the Petitioner no longer feels

safe to travel to Kaithal alone with her child and there is no one

can else who can travel with the Petitioner off and on to Kaithal for

contesting this petition.

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4.5. Because the Petitioner is residing at Delhi that being so, even as

per Section 19 of the Hindu Marriage Act, courts at Delhi has the

territorial jurisdiction to entertain and adjudicate upon the present

petition of the Respondent herein.

4.6. Because the Petitioner is unable to go to Kaithal for contesting

this petition filed by the Respondent and she does not have the

sufficient financial capacity also to do so. It will be very hard for the

Petitioner in view of her circumstances to defend herself in this

petition, whereas in the circumstances explained herein above, it

will make no difference to the Respondent to pursue his petition in

Delhi.

4.7. Because the Petitioner has reason to believe that she will be

involved in various false and frivolous cases by the Respondent if

she travels to Kaithal for defending the divorce petition.

4.8. Because this Hon’ble Court has categorically laid down the law

in facts and circumstances similar to those of the Petitioner herein

and kind indulgence is always shown by this Hon’ble Court to

transfer the pending matrimonial matters to be tried in the courts

at the place where the wife resides.

PRAYER

It is therefore, most respectfully prayed that Your Lordships may

graciously be pleased to pass the following orders:

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(a) Transfer the Proceedings filed by the Respondent herein being

HMA No. 94 of 2013 titled as Rahul vs. Poonam Kumari pending

before the Court of Civil Judge (Senior Division), Distt. Kaithal,

Chandigarh to Family Court New Delhi at Delhi.

(b) Pass such further or other order or Orders as this Hon’ble Court

may deem fit and proper in the facts and circumstances of the

case and for the ends of justice.

DRAWN & FILED BY:

DRAFTED ON:
FILED ON: -
ADVOCATE FOR PETITIONER