Transfer Petition Under Section 25 CPC for Inter-State High Court Transfer

 

IN THE SUPREME COURT OF INDIA
ORIGINAL CIVIL JURISDICTION
TRANSFER PETITION (CIVIL) NO. _____ OF 20__
(UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, 1908, READ WITH ORDER XXXVI OF THE SUPREME COURT RULES, 2013)

IN THE MATTER OF:
[Name of Petitioner]
S/o [Father’s Name], R/o [Address]

… Petitioner

VERSUS

  1. Union of India,
    Through its Secretary,
    Ministry of Defence, South Block, New Delhi-110001.

  2. [Other Respondents, as per case details]

… Respondents

AND IN THE MATTER OF:
Transfer of Civil Writ Petition No. [Number] of [Year], pending before the Hon’ble High Court of [State/Court Name], to the Hon’ble High Court of [Requested Court Name].

TO
The Hon’ble Chief Justice of India and His Companion Justices of the Hon’ble Supreme Court of India.

MOST RESPECTFULLY SHOWETH:

  1. The Petitioner
    The petitioner is constrained to approach this Hon’ble Court under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of Civil Writ Petition No. [Number/Year] filed by the petitioner and currently pending before the Hon’ble High Court of [Present Court], to the Hon’ble High Court of [Proposed Court].

  2. Facts of the Case:
    i. The petitioner served in [specific capacity, e.g., the Indian Air Force, Army, etc.] for over [XX] years and held the rank of [Rank/Designation].
    ii. Throughout his service, the petitioner performed his duties diligently and was awarded [awards/commendations].
    iii. During his tenure, the petitioner faced unwarranted harassment by certain respondents, leading to adverse service conditions and legal complications, including [brief explanation of grievances].
    iv. As a result, the petitioner filed Civil Writ Petition No. [Number/Year] before the Hon’ble High Court of [Current High Court] for [specific reliefs sought in writ].

  3. Necessity for Transfer:
    The petitioner seeks the transfer of the writ petition to the Hon’ble High Court of [Proposed High Court] for the following reasons:
    i. Threat to Safety: The petitioner has faced consistent threats from respondents, causing grave concern for his safety and that of his family.
    ii. Financial Constraints: Due to limited financial resources, the petitioner is unable to bear the expenses of frequent travel to [Current Court].
    iii. Proximity to Residence: The Hon’ble High Court of [Proposed Court] is closer to the petitioner’s current place of residence in [City/District/State].
    iv. Interest of Justice: The petitioner apprehends bias or undue influence by respondents in the current forum, necessitating a transfer to ensure a fair trial.

  4. Grounds for Transfer:
    i. Because the petitioner has no faith in the impartiality of the respondents or the existing forum.
    ii. Because financial hardship severely hampers the petitioner’s ability to pursue the case at [Current Court].
    iii. Because the proximity of [Proposed Court] to the petitioner’s residence ensures better access to justice.
    iv. Because transferring the matter would serve the ends of justice and prevent undue hardship.

  5. No Previous Transfer Petition:
    The petitioner affirms that no prior transfer petition has been filed in this matter before this Hon’ble Court.

PRAYER

In view of the above, the petitioner humbly prays that this Hon’ble Court may be pleased to:

a) Transfer Civil Writ Petition No. [Number/Year] pending before the Hon’ble High Court of [Current High Court] to the Hon’ble High Court of [Proposed High Court] in the interest of justice; and

b) Pass such other and further orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the case.

FILED BY:
[Name of Advocate]
[Address of Advocate]
Advocate for the Petitioner
Place: New Delhi
Date: [Insert Date]

VERIFICATION

I, [Petitioner’s Name], the petitioner above-named, do hereby solemnly affirm and declare that the contents of this Transfer Petition are true to the best of my knowledge and belief.

Place: [Location]
Date: [Insert Date]

[Signature of Petitioner]

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