IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

UNDER ARTICLE 139-A( 2) OF THE CONSTITUTION OF INDIA
TRANSFER PETITION (CIVIL) NO. ……………………….
2016
(UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE READ WITH
ORDER XLI OF THE SUPREME COURT RULE, 2013)

IN THE MATTER OF:-

SMT. RADHIKA PANDEY

W/O KRISHNA KANT PANDEY
D/O LATE KASHINATH MISHRA
R/O ORIENTAL AREA OFFICE,
RAMPUR COLONY, KOILWARI
DISTT: - BRIJRAJNAGAR (ODISHA). …….
PETITIONER

VERUS

KRISHNA KANT PANDEY

AGED ABOUT 22 YEARS
S/O SRI TARKESWAR PANDEY
VILL+PO LALGANJ P.S DOKATTI
DISTT: - BALIA (UTTAR PRADESH) …….
RESPONDNET

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 ABOVENAMED.

MOST RESPECTFULLY SHOWETH:

1. That the instant transfer petition is being filed by

Petitioner-wife under Section 25 of the C.P.C read with

 Article 139A(2) of the Constitution of India praying

transfer the Case No. 218 of 2014 titles as “Krishna

Kant Pandey Vs. Smt. Radhika Pandey” filed by the

respondent-husband before the Principal Judge, Family

Court, Balia (Uttar-Pradesh) under the Jurisdiction of

Hon’ble High Court of Judicature at Allahabad to the

Principal Judge, Family Court, Jharsuguda (Odisha)

under the jurisdiction of Hon’ble Odisha High Court.

2. That the factual matrix leading to the present Transfer

Petition is as under :-

a) The marriage between the Petitioner-Wife and the

Respondent-Husband was solemnized according to

Hindu rites and customs at Balia on 23.06.2010.

b) That it is respectfully submitted that the marriage

between the parties was arranged through social

contacts. It is worthwhile to mention herein that the

marriage was solemnized in Balia with all pomp and

show at the behest of the Respondent and his family

members.

c) That soon after a marriage, the petitioner along with

the respondent went to her matrimonial place and

joined her in-laws.

d) That the family members of the respondent along

with the respondent started demanding dowry. Right

 from the day of joining the matrimonial house, the

petitioner was being taunted for one reason or the

other by the respondent. Not only this but even at

the request of the family members of the

respondent, the Respondent was given many other

gift articles during the departure of the Respondent

and his family members.

e) That the Petitioner has given birth to a girl child at

her parental place at Brijrajnagar, Odisha. A True

copy of Birth certificate dated 20.03.2015 is annexed

herewith and marked as ANNEXURE P1.

f) That the father of petitioner died due to mental

pressure and after that Petitioner was appointed as

Clerk (Grade-III) in Mahanadi Coalfield Ltd. on

compassionate ground. A true copy of ID Card of

Petitioner is annexed herewith and marked as

ANNEXURE P2.

g) That the Petitioner was continuously subjected to

mental /physical cruelty and torture by the family

members of the respondents whenever she use to

visit her matrimonial place. Respondent and his

family members were always pressurizing Petitioner

to transfer her job in favour of Respondent.

h) That the petitioner has given birth to second girl-

child at her parental place at Brijrajnagar, Odisha. A

True copy of Birth certificate dated 24.04.2015 is

annexed herewith and marked as ANNEXURE P3.

i) That the petitioner is residing at Brijrajnagar,

Jharsuguda, Odisha as she is working there whereas

Respondent used to visit her place from time to time.

j) That the attitude of the Respondent continued to be

negative towards the Petitioner and nothing

changed. Time to time, Respondent and their family

members were pressurizing her to transfer all

parental properties inherited by her due to death of

her father as Petitioner is only child to her father.

k) That Petitioner is residing with her old aged mother

suffering from many old aged diseases and no one is

there except her to take case of old aged mother.

l) That the respondent filed a Petition bearing case no

218 of 2014 seeking Restitution of Conjugal Rights

under section 8 of the Hindu Marriage Act, 1955 on

false and frivolous ground before the Principal Judge,

Family Court, Balia (Uttar Pradesh). A true copy of

petition filed for restitution of conjugal rights bearing

Case no 218 of 2014 is annexed herewith and

marked as ANNEXURE P4.

m) That the petitioner was shocked to receive a Summon

from Family Court, Balia from which Petitioner came to

know that Respondent has filed a case bearing no 218 of

2012 for Restitution of Conjugal Rights under section 8 of

the Hindu Marriage Act, 1955. A true copy of Summon

from Family Court, Balia is annexed herewith and

marked as ANNEXURE P5.

3. That, in the facts and circumstances, the present

Transfer Petition is being filed by the Petitioner for the

Transfer of Case No 218 of 2014 filed by the

respondent-husband before the Principal Judge, Family

Court, Balia (Uttar-Pradesh) under the Jurisdiction of

Hon’ble High Court of Judicature at Allahabad to the

Principal Judge, Family Court, Jharsuguda (Odisha)

under the jurisdiction of Hon’ble Odisha High Court.

GROUNDS

A. Because it would be an undue hardship for a lady to go

and defend her case alone in Balia. The same would

persistently keep the petitioner under great threat.

B. Because the Petitioner is residing in Brijrajnagar,

Jharsuguda (Odisha) and it would be immensely difficult

for the Petitioner to travel back and forth from

Brijrajnagar, Jharsuguda (Odisha) to Balia. It further

submitted that the Respondent has only tried to further

 harass the Petitioner herein. The Petitioner has got two

infant girl children and old mother to look after.

C. Because Petitioner is a working lady and it is very

difficult for her to go and attend case to Balia covering

all around 700 KM from Brijrajnagar,

Jharsuguda(Odisha).

D. Because unfounded and uncalled for allegations have

been made against the Petitioner in the said case filed

by the Respondent which needs to be contested and

controverted. The said case has been deliberately filed

at Balia Court considering that it will be difficult for the

Petitioner to go there and contest the same. The

Respondent is aware of the same and has filed the case

only to somehow pressurize the Petitioner.

E. Because the Petitioner has no one to assist her in

conducting the court’s proceedings. Moreover,

petitioner is having no knowledge about the procedure

and as such she will be handicapped in engaging a local

counsel in order to defend her case.

F. Because As distance between Brijrajnagar, Jharsuguda

(Odisha) and Balia is around 700 Km, Petitioner’s family

 will have to regularly commute to Balia to assist the

Petitioner in defending her case. Also, for the same

reason, escort will have to put up in hotels apart from

incurring huge travel expenses.

G. Because the Petitioner’s mother is old aged lady and

have already suffered a lot due to the uncooperative

and insensitive nature of the Respondent and his

family.

H. Because the Petitioner has two infant girl children to

look after and travelling from Brijrajnagar, Jharsuguda

(Odisha) to Balia to defend her case would disturb the

well being stable life of the children.

I. Because the Respondent and his family have always

tried to pressurize the Petitioner by passing irrelevant

remarks. It is respectfully submitted that filing the case

in Balia is only an attempt to further harass the

Petitioner.

J. Because the Respondent and his family have always

treated the Petitioner with utmost cruelty.

K. Because the Respondent never used to perform his

duties as a husband. Since petitioner comes from a

modest background, she suffered the humiliation with

 the hope that things will change for the better in future.

The allegations raised by the Respondent in the petition

for restitution of conjugal rites are frivolous, base-less,

bundle of lies and severely lack truth.

L. Because the paramount consideration of this Hon’ble

Court is to ensure that justice according to law is done

and for achieving those objectives, there should be no

hesitation to transfer the case even if it is likely to

cause some inconvenience to the respondent.

Petitioner’s plea for transfer of the case ought to be

tested on this touch-stone. It is considered that this

Hon’ble Court has wider amplitude powers to transfer

the case for the ends of justice. It is also respectfully

submitted that this Hon’ble court is empowered to

transfer any suit, appeal or other proceedings from a

High Court to other Civil Courts from one state to

another state at any stage of the matter, if it is

satisfied, that such an order is expedient for the ends of

justice.

M. Because the respondent shall not be subjected to any

prejudice or difficulty, if this Hon’ble Court transfers the

Case No 218 of 2014 pending before the Court of

Principal Family Judge at Balia to the Family Court in

 Jharsuguda. Irreparable loss and injury shall be caused

to the petitioner in case of dismissal of the present

transfer petition.

4. That unless orders are made as prayed for herein, the

Petitioner would suffer from great hardships.

5. That the balance of convenience lies overwhelmingly in

favour of the Petitioner in granting the relief as prayed
for herein.

6. That this petition has been filed bonafide and it is

otherwise in the interest of justice to allow the petition
as prayed for.
7. That the petitioner has not filed any other similar
transfer petition before this Hon’ble Court seeking the
reliefs sought here-under.
PRAYER

It is, therefore, most respectfully prayed that this Hon’ble

Court may be pleased to:-

a) Transfer the Case of restitution of conjugal rights

pending before the Principal Family Judge at Balia

being Case No. 218 of 2014 titled as ‘“Krishna

Kant Pandey Vs. Smt. Radhika Pandey” to the

Family Court at Jharsuguda;

And/or
 b) Pass such other order/ 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, THE

PETITIONER, AS IN DUTY BOUND, SHALL EVER
PRAY.

Filed by:

(NEERAJ SHEKHAR)

ADVOCATE FOR PETITIONER

Drawn on: 29.04.2016

Filed on: 29.04.2016
 IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. ……………………….

2016
IN THE MATTER OF:

RADHIKA PANDEY PETITIONER

VERSUS
KRISHNA KANT PANDEY. RESPONDENT

AFFIDAVIT
I, Radhika Mishra @ Pandey aged about 32 years W/o. Krishna
Kant Pandey, D/o. Late Kashinath Mishra. R/o. At- Qrs. No.
LCH/A/6. Post Office Lane. Rampur Coillary Colony, Ps.
Brajrajnagar. Dist- Jharsuguda. 768225 (Odisha) presently at
Sambalpur do hereby solemnly affirm as under:
1. That I am the Petitioner in this case and as such am
fully acquainted with the facts and circumstances of the
case and as such am fully competent to swear this
affidavit.

2. That I say that I have read and understood the contents

of the accompanying Transfer Petition from page to
List of Date page no. B to and applications. I say the
facts stated therein are true to my knowledge as the
same has been read over to me in vernacular and the
same are true and correct to my knowledge and belief.

3. I say that the Annexure from P1 to P annexed along

with the Transfer Petition are true copy of its respective
original.
4. That the facts stated in the above paras 1 to 3 of this

affidavit are true and correct to best of my knowledge

and belief.

DEPONENT

VERIFICATION:

Verified at Sambalpur on this the day of April 2016 at

Sambalpur that the contents of the above affidavit are true

and correct to the best of my knowledge and belief and no

part of it is false and nothing material has been concealed

there from.

DEPONENT