BOOKLET-6.2

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LEGAL ZEMS: ONLINE LEGAL DRAFTING COURSE, 2024

BOOKLET-6.2

DRAFTING SAMPLES

INDEX

S. NO. TITLE PAGE NO.


1. DRAFTING SAMPLE 2-4
(Transfer Petition)
2. DRAFTING SAMPLE 5-6
(Revision Petition)
3. DRAFTING SAMPLE 7-11
(Exemption Application)

1
TRANSPER PETITION

IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

TRANSFER PETITION (CIVIL) NO…. OF 2023

IN THE MATTER OF:

XXXXXXXX …. Petitioner

VERSUS

XXXXXXXX ... ..Respondent

TRANSFER PETITION (CIVIL) UNDER SECTION 25 THE CODE


OF CIVIL PROCEDURE 1908 READ WITH ORDER XLI OF THE
SUPREME COURT RULES, 2013, FOR TRANSFER OF THE
MATRIMONIAL SUIT VIDE HMA NO. XXXXXXX, TITLED AS
“XXXXXXXXXX” FILED BY THE RESPONDENT, PENDING
BEFORE LD. ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT
AT XXXXXXXXX TO THE COURT OF LD. PRINCIPAL JUDGE,
FAMILY COURT (SOUTH DISTRICT), SAKET DISTRICT
COURTS, NEW DELHI.

To,

The Hon’ble Chief Justices of India and his Companion Justices


of the Hon’ble Supreme Court of India.
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The humble petition of the petitioner above named.

MOST RESPECTFULLY SHOWETH:

1. That the present Transfer Petition (Civil) is being filed Under


Section 25 of the Code of Civil Procedure 1908 read with Order
XLI of The Supreme Court Rules 2013, for transfer of the
matrimonial suit vide HMA No. xxxxxx, titled as “xxxxxxxxxx”
filed by the respondent, pending before Ld. Additional Principal
Judge, Family Court at xxxxxxxx to the Court of Ld. Principal
Judge, Family Court (South District), Saket District Courts, New
Delhi.

2. BRIEF FACTS OF THE PRESENT CASE ARE AS UNDER: -

a) That the marriage of the petitioner and respondent was


solemnized on XXXXX as per Hindu rites, ceremonies at
XXXXXXXX.
b) That on xxxxxxxx, a daughter namely xxxxxx was born out
from the above said wedlock, who is presently in the care and
custody of the petitioner.
c) That the petitioner is residing separately from the respondent
since xxxxxxxxxx.
d) That the respondent has file a case under section 9 of Hindu
Marriage Act dated xxxx before the Ld. Additional Principal
Judge at xxxxxx. Copy of case vide HMA No. xxxx under section
9 of HMA titled as xxxxxxxxx filed by the respondent, pending

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before Ld. Additional Principal Judge, Family Court at
xxxxxxxxx is annexed as ANNEXURE-P1 from page to .

e) That on xxxxxx the petitioner has received a summon/ notice


issued by the Ld. Additional Principal Judge, Family Court
xxxxx, pertaining to the matrimonial suit vide HMA No.
xxxxxxxxxxxx filed by the respondent which is pending before
Ld. Additional Principal Judge, Family Court at xxxxxxxx, by
which it has been directed the petitioner to appear before the
Court on xxxxxxxx. Copy of summon issued by the Ld.
Additional Principal Judge, Family Court at xxxxxxxxxx,
pertaining to the matrimonial suit vide HMA No. xxxxxxxxxxx is
annexed as ANNEXURE-P2 From pages to .
Being aggrieved, the present Transfer Petition is being filed by the
Petitioner.

GROUNDS FOR THE TRANSFER: -

a) Because there is a life threat at xxxxxxxxxxxxx, hence


petitioner is unable to attend the case proceeding at
xxxxxxxxxxxxxxx.
b) Because the distance between the Delhi to xxxxxxxx is about
864 KM which takes around 16 Hrs to complete one side journey
so it very difficult to travel such a long journey as such the
petitioner is filing the present transfer petition before this
Hon’ble Court.

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c) Because the life and liberty of the petitioner is not safe at
xxxxxxx in view of the threat extended by the respondent so it
is not advisable to the petitioner to travel alone.
d) Because there is no one who can accompany the petitioner
every time to attend the Court Proceeding at xxxxxxx and if the
petitioner would fail to attend the case proceeding, the
respondent would manage to get Ex-Party order which is the
main motive behind the filing of this case.

NON-FILING PARA: -

3. That the petitioner has not filed any other similar Transfer
Petition (Civil) before this Hon’ble court or any other petition
seeking similar relief in any court of law

PRAYER: -

Therefore, in view of the above, it is, humbly and respectfully


prayed that this Hon’ble court may kindly be pleased to: -

a) Transfer the matrimonial suit vide HMA No. xxxxxxxxxxx,


pending before Ld. Additional Principal Judge, Family Court at
xxxxxxx to the Court of Ld. Principal Judge, Family Court
(South District), Saket District Courts, New Delhi.
b) Pass any other further order/s as this Hon’ble court may deem
fit and proper under the facts and circumstances of the case in
the interest of justice.

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AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY
BOUND SHALL EVER PRAY

PETITIONER

THROUGH

COUNSEL

PRASHANT MISHRA

DATE:

PLACE:

6
IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

Transfer Petition (Civil) No. of 2023

IN THE MATTER OF:

XXXXXXXXXX …..PETITIONER

VERSUS

XXXXXXXXXX ……RESPONDENT

AFFIDAVIT

I, XXXXXXXXXXXX, do hereby solemnly affirm and declare as


under:

1. That I am the petitioner in the Present Transfer Petition (Civil)


and well acquainted with the facts and circumstances of the
present case and competent to swear the present affidavit.

2. That the instant Transfer Petition from para No. 1 to ___ from
pages ___ to ___ and list of dates and events from page ___ to ___
,the application for ex-parte ad-interim stay from pages ___ to
___ . Application for exemption from filing official translation of
annexure have been drafted under my instructions, contents
whereof are true and correct to the best of my knowledge and
belief and the same has been read over to me in vernacular

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which I understood and found correct and Annexures are true
typed copies of their respective originals.

DEPONENT

VERIFICATION:

Verified at Ranchi on this day of August 2023 that the


contents of above affidavit are true and correct to my knowledge
and nothing material has been concealed there from.

DEPONENT

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IN THE COURT OF SH. APOORV BHARDAWAJ,
METROPOLITAN MAGISTRATE, DWARKA DISTRICT COURT,
NEW DELHI

IN THE MATTER OF:

TALWAR

…PETITIONER

Versus

THAKUR

…APPLICANT/ACCUSED

APPLICATION FOR SEEKING EXEMPTION FROM PERSONAL


APPEARANCE OF THE APPLICANT/ACCUSED THAKUR IN THE
PRESENT MATTER BEFORE THIS HON’BLE COURT

Most Respectfully Showeth:

1. That the above matter is pending before this Hon’ble Court &
the same is fixed for today i.e. 28.07.2022.
2. That the applicant/accused is suffering from high fever and
couldn’t appear before this Hon’ble Court. The copy of the
medical document is attached herewith and marked as
ANNEXURE-A/1.
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3. That the non-presence of the applicant is not intentional but
due to above said bona fide reason.

PRAYER:

It is most respectfully prayed to this Hon’ble Court to allow the


present application in interest of Justice.

APPLICANT/ACCUSED

Place: New Delhi


Date: 06.07.2024

THROUGH
COUNSEL

PRASHANT KUMAR

DATE:

PLACE:

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