IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Transfer Petition (Civil) No. ______OF 2019

IN THE MATTER OF:

____________________    & Ors.     —Petitioner

Versus

____________________                                                 —Respondent

AFFIDAVIT IN OPPOSITION ON BEHALF OF THE SOLE RESPONDENT TO THE TRANSFER PETITION

PAPER BOOK

(FOR DETAILED INDEX: KINDLY SEE INSIDE)

I.A. No……/2019:  an application seeking exemption from

                       Filing official translation of annexures

M/s Vikas Pandey and Associates

ADVOCATE FOR THE RESPONDENT

Code ____

INDEX

IN THE SUPREME COURT OF INDIA

Civil APPELLATE JURISDICTION

I.A. No.__________ of 2019

IN

Transfer Petition (Civil) No. ____OF 2019

IN THE MATTER OF:

____________ & Ors.     —Petitioner

Versus

________                                                 —Respondents

AN APPLICATION SEEKING EXEMPTION FROM

               FILING OFFICIAL TRANSLATION OF ANNEXURES

TO

HON’BLE THE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUDGES OF THE SUPREME

COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONERS ABOVE NAMED

MOST RESPECTFULLY SHOWETH:-

1. That the present petition is being preferred by petitioner seeking transfer of the case, Guardianship Case No.____ of 2018 titled as ”_____da vs ______da & Ors” filed by the Respondent and pending before the Ld. Principal Judge, Family Court, Patna, Bihar to the Ld. Family Court, Hathras, UP.
2. That the ANNEXURES R/1was in Hindi language and due to urgency the same has been translated into English by a practicing lawyer of this Court which are true translation of its originals.

3.Therefore it is requested that the same may kindly be taken on record by this Hon’ble Court and the Hon’ble Court may kindly exempt the petitioners from filing Official Translation of the said Annexures.

4. That the present petition is being filed bonafide and interest of Justice.

PRAYER

It is therefore prayed that this Hon’ble Court may graciously be pleased to.

1. Exempt the petitioner from filing Official Translation of ANNEXURE R/1
2. Pass any other order or directions as this Hon’ble Court deems fit and proper.

And for this act of kindness the Petitioner as in duty bound shall ever pray.

Drawn on: ________      Drawn and filed by

Filed on:  _______9         

   (_____________________aw Associates)

Advocate for the Petitioners

Transfer Petition in the Supreme Court of India: A Legal Overview

The Supreme Court of India, under its Civil Appellate Jurisdiction, is currently hearing a Transfer Petition (Civil) No. ___ of 2019 in a case involving the transfer of a guardianship matter. The petition, filed by the petitioner, seeks the transfer of Guardianship Case No. ___ of 2018, which is currently pending before the Learned Principal Judge, Family Court, Patna, Bihar, to the Learned Family Court, Hathras, Uttar Pradesh.

Key Aspects of the Case

Affidavit in Opposition by the Sole Respondent

The respondent has filed an affidavit opposing the transfer petition, contesting the grounds cited by the petitioner. The paper book for the case includes crucial documents that support the respondent’s opposition.

Documents Submitted in the Case

The case file comprises several annexures and applications, including:

1. Affidavit in Opposition – This document outlines the respondent’s arguments against the transfer of the case.
2. Annexure R/1 – A true copy of the settlement agreement between the parties.
3. Annexure R/2 – A true copy of the written statement filed before the Learned Principal Judge, Family Court.
4. Annexure R/3 – A true copy of the divorce decree issued by the Family Court, Patna.
5. Annexure R/4 – A copy of the judgment passed by the Hon’ble High Court.
6. Application Seeking Exemption – A formal request to exempt the petitioner from filing an official translation of annexures due to urgency.

Application for Exemption from Filing Official Translation

In the petition, the petitioner has sought an exemption from filing an official translation of Annexure R/1. The document, originally in Hindi, was translated into English by a practicing lawyer due to the urgency of the matter. The petitioner has urged the Hon’ble Court to accept this translation and exempt them from filing an official version.

Legal Arguments and Prayer

The petitioner has asserted that the request for transfer is made in good faith and in the interest of justice. The prayer requests the Hon’ble Supreme Court to:

• Grant an exemption from filing the official translation of Annexure R/1.
• Pass any other order or direction deemed fit and proper in the circumstances of the case.

Conclusion

This case highlights the procedural intricacies involved in transfer petitions, especially concerning family law disputes. The Supreme Court’s decision on this matter will be crucial in setting a precedent for similar cases where jurisdictional transfers are sought. As the proceedings continue, legal observers and the parties involved keenly await the final ruling, which will have a significant impact on the course of the case.

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