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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
TRANSFER PETITION(c)NO.____ OF 202_
IN THE MATTER OF:
A … PETITIONER
VERSUS
B … RESPONDENT
INDEX
| S.NO. | PARTICULARS | Page No. |
| 1. | Counter Affidavit on behalf of Respondent | 1- |
| 2. | Proof of Service |
PAPER BOOK
ADVOCATE FOR RESPONDENT:
Draft a counter affidavit in Transfer Petition following the rules given below
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
TRANSFER PETITION(c)NO.____ OF 202_
(Transfer Petition(C) for the transfer of ____ No. -01 of 2025 titled as “B vs A ” filed u/s 13 of HMA 1955 pending consideration before the Principal Judge, Chennai to competent Family Court, Sonepat, Haryana)
IN THE MATTER OF:
A … PETITIONER
VERSUS
B … RESPONDENT
COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT
I , ___, aged about ___ yrs , s/o ___, resident of ______________ do hereby solemnly affirm & state as under:
- That im the sole Respondent in the above captioned Transfer Petition.
- That, at the outset, Respondent No.1 denies the contents of the captioned Transfer Petition as if the same has been specifically traversed and denied seriatim, except in so far as what is a matter of record and what is specifically admitted herein. The averments that are not specifically denied herein should not be construed to be admitted by Respondent.
PRELIMINARY SUBMISSIONS IN COUNTER AFFIDAVIT
4. That before adverting to para-wise reply to the present Transfer Petition. The Respondent would like to put forth the following preliminary submissions .
- The marriage between the Petitioner and Resspondent was solemnized on ____ in accordance with Hindu rites and customs.
- That the instances of both physical and mental cruelty has been elaborately stated in the divorce petition __ No. -01 of 2025 titled as “B vs A ” filed u/s 13 of HMA 1955 before the Principal Judge, Chennai , Tamil nadu.
5 . PARA-WISE REPLY TO THE FACTS STATED BY THE PETITIONER
That the contents of Para 4 are wrong and denied. However t____
6. PARA- WISE REPLY TO THE GROUNDS
In response to the grounds mentioned in sub para (i) to (xv),it is submitted that the petitioner has not been able to make out any ground for transfer of the case in view of the Preliminary submissions and other facts which have been brought to the knowledge of this Hon’ble Court . The reply to the grounds are stated in hereinafter:-
- In Preeti Sharma v. Manjit Sharma (2005) 11 SCC 535, the Hon’ble Supreme Court observed that merely because the petitioner was a lady it did not mean that she could not travel to another place, at the highest, if the petitioner has no source of income, she could be paid expenses for her travel and stay and dismissed the transfer petition.. That in order to transfer a case , as per various landmark judgments of this Hon’ble Court in both civil and criminal jurisprudence , mere inconvenience of the parties cannot be the sole ground but what is necessary is the expedient ends of justice necessitates transfer . Furthur , that such transfer will help in the assurance of “fair trial” is the first imperative of the dispensation of justice” , when the motion for transfer of a case is made and “not the hypersensitivity or relative convenience of a party or ease availability of legal services or like mine–grievances”, as stated by this Hon’ble Court in Maneka Sanjay Gandhi vs Miss Rani Jethmalani,(1979)4 SCC 167.
- The Hon’ble Supreme Court in Dr Subramaniam Swamy vs Ramakrishna Hegde, (1990)1 scc 4, that paramount consideration of section 25 CPC for a transfer of a case is the requirement of justice. It further held that if the transfer of a case is imperative and ends of justice so demands then there shall not be any hesitation to transfer, however, it becomes prima facie that present petition has been filed for mere convenience of the petitioner keeping at abyss the interest of justice , ends of justice and the cost that the prosecution will have to entail for examining witnesses and calling documents , or the elongation of the judicial process it will cause.
- The Hon’ble Supreme Court in Priti Sharma vs Manjeet (2005) 11 SSC 535, held that if the wife claims threat to her life and she cannot commute , strong proof is needed to be shown , and merely by stating a fear to her life , the court will not be inclined to transfer the case, merely because the petitioner is a lady , that doesn’t mean she cannot travel.
7 REPLY TO PRAYER
That in view of the facts and circumstances stated above, no case is made out for transfer of divorce Petition , however it is expedient and necessary in the interest of justice that this Hon’ble Court may graciously be pleased to take the counter affidavit of Respondent on record, otherwise Respondent shall suffer irreparable loss and injury.
8. That in light of the above, this Hon’ble Court may be pleased to dismiss the Transfer Petition filed by Petitioner with heavy cost as it is devoid of any merits to secure the ends of justice.
9.That no new facts/documents have been relied upon by Respondent for the purposes of the present counter affidavit.
DEPONENT
VERIFICATION
I, __________, do hereby verify that the contents of this Counter Affidavit are true and correct to the best of my knowledge, no part of it is false and nothing material has been concealed thereof. Verified at on this the day of, 2021
DEPONENT
10. REPLY TO PRAYER
Lastly, it is submitted that the Petitioner does not deserve any interim relief and the Petitioner has not come before this Hon’ble Court with clean hands and is seeking to abuse the judicial process. The Petition lacks merit and is liable to be dismissed.That in the facts and circumstances stated hereinabove , it is submitted that the present petition does not deserve the indulgence of this Hon’ble Court and is liable to be dismissed with cost.That in view of the facts and circumstances stated above, no case is made out for Transferring the Divorce Petition namely ____No. -01 of 2025 titled as “B vs A” filed u/s 13 of HMA 1955 pending consideration before the Principal Judge, Chennai , Tamil nadu filed by the Respondent, it is expedient and necessary in the interest of justice that this Hon’ble Court may graciously be pleased to take the counter affidavit of Respondent on record, otherwise Respondent shall suffer irreparable loss and injury.
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