Understanding a Supreme Court Case in Simple English

The Supreme Court of India is the highest court in the country. It handles important legal cases, including something called a “Transfer Petition.” This article explains a real Transfer Petition case from 2019 in simple words. The case involves someone asking the Supreme Court to move a family-related legal matter from one city to another.

What is the Case About?

In this case, a person (called the “Petitioner”) filed a Transfer Petition in the Supreme Court. They want to move a “Guardianship Case” from a Family Court in Patna, Bihar, to a Family Court in Hathras, Uttar Pradesh. The Guardianship Case (No. ___ of 2018) is about deciding who should take care of someone, like a child. The petitioner believes it would be better to handle this case in Hathras instead of Patna.

The other person in the case (called the “Respondent”) disagrees with moving the case. The respondent filed an “Affidavit in Opposition,” which is a written statement explaining why they think the case should stay in Patna.

Documents in the Case

The case includes several important papers, listed in an “Index.” Here’s what they are:

1. Affidavit in Opposition: The respondent’s statement against moving the case (pages 1-11).
2. Annexure R/1: A copy of a settlement agreement between the two sides (pages 12-15).
3. Annexure R/2: A written statement from the Family Court in Patna (pages 16-19).
4. Annexure R/3: A divorce decree (official decision) from the Patna Family Court (pages 20-27).
5. Annexure R/4: A judgment from a High Court (pages 28-41).
6. Application for Exemption: A request to avoid submitting an official translation of some documents (pages 42-43).

What is the Exemption Application?

The petitioner also filed a small request called an “Application Seeking Exemption.” One of the documents (Annexure R/1) was originally in Hindi. Normally, the Supreme Court needs official translations of such papers into English. But because of urgency, a lawyer translated it instead. The petitioner is asking the court to accept this translation and excuse them from getting an official one. They say this request is honest and in the interest of justice.

What Does the Petitioner Want?

The petitioner has two main requests:

1. Allow them to use the lawyer’s translation of Annexure R/1 instead of an official one.
2. Move the Guardianship Case from Patna to Hathras.

They also ask the court to make any other decisions it thinks are fair.

Why Does This Matter?

This case shows how legal processes work in India’s Supreme Court. People can ask to move cases to different courts if they think it’s more convenient or fair. But the other side can argue against it. The court looks at all the papers—like agreements, past decisions, and statements—before deciding what to do.

Final Note

This article is just to help you understand the case. It’s not legal advice. Legal matters can be tricky, and rules might change depending on where you are or what your situation is. If you need help with something like this, it’s best to talk to a lawyer. Firms like Legal Light Consulting have experts who can guide you properly.

Disclaimer: This article is for information only. For real legal help, contact a qualified lawyer.