CHECK

LIST
1. SLP (C) has been filed in Form No.28 with NA
certificate.
2. The Petition is as per the provisions of Order XV NA
Rule 1.
3. The papers of SLP have been arranged as per NA
Order XXI, Rule (3)(1)(f).
4. Brief list of dates/events has been filed. Yes
5. Paragraphs and pages of paper books have Yes
been numbered consecutively and correctly
noted in Index.
6. Proper and required number of paper books Yes
(1+1) have
been filed.
7. The contents of the petition, applications and Yes
accompanying documents are clear, legible and
typed in double space on one side of the paper.
8. The particulars of the impugned judgment NA
passed by the
court(s) below are uniformly written in all the
documents.
9. In case of appeal by certificate the appeal is NA
accompanied by judgment and decree appealed
from and order granting certificate.
10. If the petition is time barred, application for NA
condonation of delay mentioning the no. of days
of delay, with affidavit and court fee has been
filed.
11. The Annexures referred to in the petition are Yes
true copies of the documents before the court(s)
below and are filed in chronological order as per
List of Dates.
12. The annexures referred to in the petition are Yes
filed and
indexed separately and not marked collectively.
13. The relevant provisions of the Constitution, Yes
statutes, ordinances, rules, regulations, by
laws, orders etc. referred to in the impugned
judgment/order has been filed as Appendix to
the SLP.
14. In SLP against the order passed in Second NA
Appeal, copies of the orders passed by the Trial
Court and First
Appellate Court have been filed.
15. The complete listing Proforma has been filled Yes
in, signed and included in the paper books.
16. In a petition (PIL) filed under clause (d) of Rule NA
12(1) Order XXXVIII, the petitioner has
disclosed:
(a) his full name, complete postal address, e-
mail address, phone number, proof
 regarding personal identification,
occupation and annual income, PAN
number and National Unique Identity Card
number, if any;
(b) the facts constituting the cause of action;
(c) the nature of injury caused or likely to be
caused to the public;
(d) the nature and extent of personal interest,
if any, of
 the petitioner(s);
(e) details regarding any civil, criminal or
revenue litigation, involving the petitioner or
any of the petitioners, which has or could
have a legal nexus with the issue(s) involved
in the Public Interest Litigation.
17. If any identical matter is pending /disposed of NA
by the Hon’ble Supreme Court, the complete
particulars of such matters have been given.
18. The statement in terms of the Order XIX Rule NA
3(1) of Supreme Court Rules 2013 has been
given in the Petition
of Appeal.
19. Whether a Bank Draft of Rs.50,000/- or 50% of NA
the amount, whichever is less, has been
deposited by the person intending to appeal, if
required to be paid as per the order of the
NCDRC, in terms of Section 23 of the Consumer
Protection Act, 1986.
20. In case of appeals under Armed Forces Tribunal NA
Act, 2007, the petitioner/appellant has moved
before the Armed Forces Tribunal for granting
certificate for leave to
appeal to the Supreme Court.
21. All the paper books to be filed after curing the Yes
defects shall be in order.

I hereby declare that I have personally verified the petition and

its contents and it is in conformity with the Supreme Court
Rules 2013. I certify that the above requirements of this Check
List have been complied with. I further certify that all the
documents necessary for the purpose of hearing of the matter
have been filed.

Signature………………………………..
AoR’s Name: ()
AoR Code:
Contact No:

New Delhi:
Date:__.03.2023
 IN THE SUPREME COURT OF INDIA
(ORDER XXXVI-B, RULE 1)
CIVIL ORIGINAL JURISDICTION
[UNDER ARTICLE 139-A(2) OF THE CONSTITUTION OF INDIA, READ
WITH SECTION 25 OF THE CODE OF CIVIL PROCEDURE, 1908]
TRANSFER PETITION (CIVIL) NO. OF 2023

IN THE MATTER OF:

ANKITA RAJPUT …PETITIONER

VERSUS

YOGESH JANGAM ...RESPONDENT

WITH

I. A. NO. of 2023

Application seeking exemption from filing Official Translation of

Annexures

PAPER BOOK

[For Index Kindly See Inside]

ADVOCATE FOR THE PETITIONER:
 D.No............../2023

DECLARATION

All defects have been duly cured. Whatever has been

added/deleted/modified in the petition is the result of curing of
defects and nothing else. Except curing the defects, nothing has
been done. Paper-books are complete in all respects.

Signature:
Advocate-on-Record
Date:..2023
Contact No.:
 RECORD OF PROCEEDINGS

COURT ITEM DATE PROCEEDING

 INDEX

SI. Particulars Page No. of Remark

No. part to s
which its
belongs
Part II
(i) (ii) (iii) (iv) (v)
Court Fee
1. Listing Proforma A1-A2 A1-A2
2. Cover Page of Paper Book A-3
3. Index of Record of Proceedings A-4
4. Limitation Report prepared by A-5
the Registry

5. Defect List A-6

6. Note Sheet NSI
7. Synopsis and List of Dates.
8. Transfer Petition with Affidavit
9. APPENDIX
Copy of Sec.25 C.P.C.

10. ANNEXURE-P/1
Typed and Translated Copy of the
Petition bearing No. 1524 of 2022
preferred by the Petitioner herein
under section 12 of the Hindu
Marriage Act, 1955

11. Application for Ex-Parte Stay

12. F/M

13. V/A
 A1
11
PROFORMA FOR FIRST LISTING
SECTION: XVIA
The case pertains to (Please tick/check the correct box):

Central Act : (Title): C.P.C.

Section: Section 25 C.P.C.
Central Rule : (Title) : NA
Rule No. : (Title) : NA
Section: NA
State Rule : (Title) NA
Rule No(s) : NA
Impugned Interim Order : (Date) : NA
Impugned Final Order /Decree : (Date) : N/A
High Court : (Name): N/A
Name of Judges : N/A
Tribunal/Authority : (Name): NA

1. Nature of Civil Criminal

matter:
√

2. (a)Petitioner/appellant No.1 : Mrs. ANKITA RAJPUT

(b) e-mail ID: NA
(c) Mobile phone number: NA
3. (a) Respondent No.1 : Mr. YOGESH JANGAM
(b) e-mail ID: NA
(c) Mobile phone number: NA
4. (a) Main category classification: 18 Ordinary Civil Matter
(b) Sub classification: 1802-T.P.Under Section 25 of the
C.P.C.
5. Not to be listed before: NA

6. (a) Similar disposed of matter with citation, if any, &

case details: No similar matter has been disposed
of.

(b) Similar pending matter with case details: No similar

matter is pending.
 A2
2
7. Criminal Matters:
(a) Whether accused/convict
has surrendered: Yes √ No
(b) FIR No. N/A Date:
N/A
(c) Police Station:
N/A
(d) Sentence Awarded: N/A.
(e) Period of Sentence Undergone including period of
Detention/Custody Undergone: N/A

8. Land Acquisition Matters:

(a) Date of Section 4 Notification: NA

(b) Date of Section 6 Notification: NA
(c) Date of Section 17 Notification: NA

9. Tax Matters: State the tax effect : NA

10. Special Category (first petitioner /appellant only):NA

Senior SC/ST Woman/child

Citizen>65 years

Disabled Legal Aid In custody

case

11. Vehicle Number (in case of Motor Accident Claim matters):

NA

Date:__.03.2023 [ ]
AOR for petitioner(s)/appellant(s)
Registration No.

E-MAIL
 SYNOPSIS

The present petition is been preferred invoking original

jurisdiction of this Hon’ble court under Article 139-A(2) of the

Constitution of India read with section 25 of the Code Of Civil

Procedure, 1908 seeking transfer of restitution petition

bearing Case no. HMA/594/2022 pending in the Family

Court at Panchkula, Haryana from the said family court to

the family court in Gwalior, Madhya Pradesh.

At the outset it is respectfully submitted that the petitioner

herein has already preferred a petition in the family court of

Gwalior bearing case no. No. 1524 of 2022 seeking nullity of

marriage under section 12 of the Hindu Marriage Act 1955.

Therefore, the said restitution petition and the divorce

petition can be listed together before the Ld. Family Court at

Gwalior, Madhya Pradesh.

A brief conspectus of facts for the ready reference of this

Hon’ble Court are stated as under:

The Respondent fraudulently married the Petitioner on

19.07.2022 at the ancient Pashupati Nath Shiv Temple, MDC

Sector, 6 Panchkula Haryana. However, the legitimacy of the

marriage is being called into question as the Petitioner was

deceived by the Respondent and subsequently coerced into

marrying him without her consent. As a result, the Petitioner

filed a petition under Section 12 of the Hindu Marriage Act to

challenge the marriage. In response, the Respondent, who is a

person of influence, filed a Petition under section 9 of the

Restitution of Conjugal Rights to compel the Petitioner to live

with him. The Petitioner has been facing significant hardships

as she is required to attend proceedings for Case No.

HMA/594/2022, which is currently pending in the Family

Court at Panchkula, Haryana. This location is over 600 kms

away from her parental residence in Gwalior. Due to the

distance and the resulting difficulties. Therefore, the

Petitioner has filed a Transfer Petition under Article 139A (2)

of the Constitution of India, read with section 25 of the Code

of Civil Procedure, 1908 seeking transfer of the ongoing Case

No. HMA/594/2022, from the Family Court at Panchkula,

Haryana to the Family Court at Gwalior, Madhya Pradesh.

LIST OF DATES
DATE EVENT

19.07.2022 The Petitioner and the Respondent

solemnized their marriage on 19.07.2022.

The Petitioner has herself instituted a

petition under section 12 of Hindu Marriage

Act, 1955 before the Family Court in Gwalior

bearing No. HMA Petition No. 1524 of 2022

seeking nullity of marriage. That case is

currently pending before Principal Judge,

Family Court Gwalior after notice was issued

to the Respondent herein.

08.12.2022 Respondent being a person of influence only

to harass the Petitioner preferred a Petition

bearing No. HMA/594/2022 under section 9

 of the Restitution of Conjugal Rights. Case

No. HMA/594/2022 was last heard by the

Family Court at Panchkula on 08.12.2022.

17.12.2022 Summons to appear in person was issued by

Principle Judge Family Court, Panchkula.

Hence, this Transfer Petition under

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

read with section 25 of the Code of Civil

Procedure, 1908, is being filed seeking to

transfer Case No. HMA/594/2022 currently

pending in the Family Court at Panchkula,

Haryana to the Family Court at Gwalior,

Madhya Pradesh.
 IN THE SUPREME COURT OF INDIA
[CIVIL ORIGINAL JURISDICTION]

TRANSFER PETITION NO. _______ OF 2023

IN THE MATTER OF:

IN THE MATTER OF:

ANKITA RAJPUT …PETITIONER

VERSUS

YOGESH JANGAM ...RESPONDENT

TO
HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS
COMPANION JUDGES OF THE SUPREME COURT OF INDIA.

THE HUMBLE PETITION ON BEHALF

OF THE RESPONDENT ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

1. The Petitioner has preferred this Transfer Petition under

Article 139A (2) of the Constitution of India, read with

section 25 of the Code of Civil Procedure, 1908, seeking a

transfer of Case No. HMA/594/2022 currently pending in the

Family Court at Panchkula, Haryana to the Family Court at

Gwalior, Madhya Pradesh. The said Case No. 594 of 2022 was

filed by the Respondent under section 9 of the Hindu

Marriage Act seeking restitution of conjugal rights.

2. That the brief facts of the case are as follows:

2.1 The Respondent fraudulently married the Petitioner on

19.07.2022 at the ancient Pashupati Nath Shiv Temple,

MDC Sector, 6 Panchkula Haryana. It is pertinent to

note that the Respondent deceived the Petitioner and

subsequently coerced into marrying him without her

consent. As a result, the Petitioner filed a petition under

Section 12 of the Hindu Marriage Act to challenge the

marriage. A Typed and Translated Copy of the Petition

bearing No. 1524 of 2022 preferred by the Petitioner

herein under section 12 of the Hindu Marriage Act,

1955 is annexed herewith and marked as Annexure P1

at Pages __ to __.

2.2 Since, the marriage was performed by fraudulent means

the Respondent being a person of influence only to

harass the Petitioner preferred a Petition under section

9 of the Restitution of Conjugal Rights which is nothing

more than an abuse of process of law.

2.3 Case No. HMA/594/2022 was last heard by the Family

Court at Panchkula on 08.12.2022. The next date of

hearing is fixed for 15.03.2023.

3. That the Petitioner is filing the present transfer petition

on the following amongst other grounds:-

 GROUNDS

A. BECAUSE the Petitioner will face numerous hardships

in regularly attending the hearings of Case No.

HMA/594/2022, currently pending in the Family Court

located in Panchkula, Haryana which is over 600

kilometers away from her parental home in Gwalior.

B. BECAUSE The petitioner has experienced significant

mental distress and trauma as a result of the forced

marriage and subsequent events, which have had a

profound impact on her well-being. The need for the

Petitioner to attend court proceedings in Panchkula,

Haryana will further disrupt her already troubled life.

Given that she cannot leave her elderly parents behind,

nor can she travel alone and stay in Haryana as there is

no one available for her to stay with, it creates an

extremely inconvenient and challenging situation for

her. In these circumstances, attending the hearings in

Panchkula would be a significant burden on the

Petitioner.

C. BECAUSE the Petitioner has no source of independent

income, she is entirely dependent on her parents for

financial support. Additionally, her parents are not in a

position to bear the expenses associated with her travel

from Madhya Pradesh to Haryana for attending the

ongoing court proceedings, which leaves the Petitioner to

bear the substantial financial burden of traveling over

 600 kilometers to Panchkula, Haryana each time the

case is heard. This situation puts the Petitioner in a

precarious position, as she is unable to cover her basic

expenses, including the costs associated with attending

the hearings. This not only imposes a significant

financial strain on her, but also causes immense

inconvenience and stress, given the long distance and

associated costs. Therefore, such a financial burden is

likely to cause a further disruption in her already

challenging life circumstances.

D. BECAUSE based on the past conduct and behaviour of

the Respondent and his family members, the Petitioner

holds serious concerns about potential misbehaviour

and perceives a threat to her safety in the event of

encountering them alone in Panchkula. The Petitioner

therefore believes it would not be safe for her to travel all

the way from Gwalior, Madhya Pradesh to Panchkula,

Haryana to attend the Court proceedings instituted by

the Respondent.

E. BECAUSE the Petitioner has herself instituted a petition

under section 12 of Hindu Marriage Act, 1955 before the

Family Court in Gwalior bearing No. HMA Petition No.

1524 of 2022 seeking nullity of marriage. That case is

currently pending before Principal Judge, Family Court

Gwalior and an after notice was issued to the

Respondent herein. Since the Respondent already has to

appear in proceedings validly instituted at Gwalior, it

 would not be unreasonable and inconvenient to transfer

the restitution petition as well to the Family Court at

Gwalior, Madhya Pradesh. Both proceedings can then be

simultaneously pursued in a single forum, namely, the

Family Court, Gwalior without causing any prejudice to

the Respondent.

F. BECAUSE the balance of convenience also favors

transferring the case No. HMA/594/2022, currently

pending in the Family Court at Panchkula, Haryana, to

the Family Court at Gwalior, Madhya Pradesh. Such a

transfer would alleviate undue stress and anxiety for the

Petitioner by removing any potential for undue influence

from her in-laws, and would provide a neutral and safer

environment for the Petitioner to attend court

proceedings. Moreover, transferring the case would

prevent any potential harm to the Petitioner by the

Respondent, and enable the Petitioner to pursue her

legal remedies with a clear mind and defend her case

effectively.

G. BECAUSE the Petitioner is praying for the transfer of the

afore stated case from the Family Court at Panchkula,

Haryana to the Family Court at Gwalior, Madhya

Pradesh in the interest of justice and equity.

H. BECAUSE If the case No. HMA/594/2022, currently

pending in the Family Court at Panchkula, Haryana, is

not transferred to the Family Court at Gwalior, Madhya

Pradesh, the Petitioner will undoubtedly suffer

 irreparable harm and injury. On the other hand,

transferring the case to Gwalior, Madhya Pradesh, would

not cause any harm to the Respondent, particularly

considering that the case has not progressed

significantly since its institution. In light of these

circumstances, transferring the case is the most

equitable and just course of action.

I. That the Petitioner has no other equally efficacious

remedy, apart from petitioning in this Hon’ble Court

under Article 139-A (2) of the Constitution, read with

section 25 of the Code of Civil Procedure, 1908 for

transferring Case No. HMA/594/2022 currently pending

in the Family Court at Panchkula, Haryana to the

Family Court at Gwalior, Madhya Pradesh.

J. That, if the said case is not transferred, the Petitioner

may lose the said restitution petition and thereby suffer

irreparable damage.
 PRAYER

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

Court may graciously be pleased to:

a) Transfer the Restitution Petition bearing

No. HMA/594/2022 currently pending in the Family

Court at Panchkula, Haryana to the Family Court at

Gwalior, Madhya Pradesh; and/or

b) Pass such other order or orders as this Hon’ble Court

may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN

DUTY BOUND SHALL EVER PRAY.

FILED BY:
 IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
Transfer Petition (Civil) No. of 2023

In the matter of:

ANKITA RAJPUT ...PETITIONR

VERSUS
YOGESH JANGAM …RESPONDENS

AFFIDAVIT
I Ankita Rajput, D/o Gajendra Singh Rajput, R/o H. No. 81,
Adarsh Colony, Gole Ka Mandir, District Gwalior, Madhya
Pradesh- 474005, aged about _____ years, do hereby state
and declare on solemn affirmation as under:
1. That I am the Petitioner in the captioned Transfer Petition
and hence well conversant with the facts and
circumstances of the case and competent to swear this
affidavit in the abovementioned Transfer Petition.
2. I state that the contents of the accompanying Transfer
Petition comprising of the List of Dates pages B to ___ and
the Transfer Petition Para 1 to ___ and Pages ____ to____,
grounds A to ___ and events furnished along with the
Transfer Petition and also all the I.A.s have been drafted
under my instruction are true and correct to the best of my
knowledge and belief and rest are submissions made on
the basis of legal advice rendered to me which I believe to
be correct.
3. That I state that the Transfer Petition is confined only to
the pleadings before the Courts below and documents
relied upon in those proceedings. No additional facts,
documents or grounds have been urged in the Transfer
Petition. I also state that the annexures annexed to the
Transfer Petition are true copies of their respective
originals and form part of the record of the Courts below.
 DEPONENT
VERIFICATION
I, the above-named deponent, do hereby verify that the
contents of the above affidavit are true and correct to my
knowledge and belief. No part of it is false and nothing
material has been concealed therefrom.
Verified at _______ on this the ______ day of ______, 2023.

DEPONENT
 IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
Transfer Petition (Civil) No. of 2023
In the matter of:

ANKITA RAJPUT ...PETITIONER

VERSUS
YOGESH JANGAM …RESPONDENT

VAKALATNAMA
I, Ankita Rajput, Petitioner(s)/ Respondent(s)/
Applicant(s)/Caveator (s) in the above Petition/ Appeal do
hereby appoint and retain Advocate of the Supreme Court of
India to act and appear for me/ us in the above Suit/ Appeal/
Petition/Reference and on my/ our behalf to conduct and
prosecute (or defend) the same and all proceeding that may
be taken in respect of any application connected with the
same or any decree or order passed therein including
proceedings in taxation and application for Review, to file and
obtain return of documents, and to deposit and receive money
on my/ our behalf in the said Suit/
Appeal/Petition/Reference and in applications of Review, and
to represent me/ us and to take all necessary steps in my/
our behalf in the above matter. I/We agree to ratify all acts
done by the aforesaid Advocate in pursuance of this
authority.

Dated this the day of________, 2023

Accepted, Identified & Certified

PETITIONER(S)/RESPONDENT(S)

(V.C. Shukla)
Advocate, Supreme Court of India
___________________________________________________
MEMO OF APPEARANCE
To,
The Registrar,
Supreme Court of India
New Delhi
Sir,
Please enter my appearance on behalf of the petitioner /
Intervener in the matter above mentioned.

New Delhi ___________ day of _________, 2023

Yours faithfully
[V.C. SHUKLA]
CC. No. 3139
Advocate for the Petitioner/Caveator/Respondent