Re ngbur Seno ADB, Pager. WS 55 © trol -1s}o3)>023 {INTHE SUPREME COURT OF INDIA AT NEW DELHT ‘CIVIL ORIGINAL JURISDICTION “TRANSFER PETITION (CIVIL) NO. 2473 OF 2022 INLTHE MATTER OF: PRINCY SINGH PETITIONER |AVUSH PRATAP SINGH RATHORE RESPONDENT ‘COUNTER AFFIDAVIT ON BEHALF OF THE RESPONDENT 1, Mr, Ayush Pratap Singh Rathore, aged about 35 years, S/o. ‘Satya Pal Singh Rathore, residing at MIG D/14, Ayodhya "Nagar, Bhopal, Madhya Pradesh ~ 462041 do hereby solemnly ‘affirm and dediare on my behalf here as under: That 1 am the abovementioned Tr the facts and circumstances of the case, hence 1 am competent to swear this Afdavit. 2. That the contents ofthe present Transfer Petition filed by the Petitioner (hereinafter referred to as "the Transfer Petition") have been read by me and I have understood the specifically ‘admitted herein, no part in the present petition which is ‘not expressly dealt with shall be deemed to be admitted56 and I crave Leave to those paragraphs during the course of argument as may be necessary. 3. At the outeet, I say thet the emission on my part to deal with any statement or contention made in the present petition shall not be treated as an admission thereof. 1 hereby deny every allegation, contention and submission ‘contained inthe present petition under reply contrary to or Inconsistent with what is stated by me hereunder. reserve my right to fle further affdavits in the matter if the need arises. I do not admit any of the allegations and contentions made by the Petitioner in ‘and deny everything stated therein so to or inconsistent with anything stated by me herei PRELIMINARY SUBMISSIONS 4. The Present by the Petitioner to seek transfer ofthe Matrimonial case bearing RCH HM No, 969, of 2022 titled Ayush Pratap Singh Rathore v. Princy Singh from the Principal Judge, Family Court, Bhopal, Madhya Pradesh to the Family Cour, Banswars, 5. ThePetitioneris currently residing it With her porents and her place of work is also in Noida, uttar Pradesh87 “The Petitioner and the Answering Respondent solemnized their marriage 0s per Hindu rites and customs at Aligarh, Ucar Pradesh out of which » baby git was bom on 03.42.2021. “The Petitioner is at present residing in Aligarh with her parents, A true copy of the Petitioner's Aachaar card showing the verited address of her parents has been produced herewith and marked as ANNEXURE ~ Ra. ‘The current pace of work ofthe Petitioners in Noid, Uttar Pradesh. A true copy of the Petitioner's work ident card showing the verified address of her work place has been produced herewith and marked as ANNEXURE ~ R2- ‘The distance from Aligarh to Banswara is 810 KMs which ‘would require the Petitioner to travel for 15 hours and 40 ‘minutes whereas the distance from Aligarh to Bhopal 638 ie which would requlre her lesser time to travel, which Is 12 hours and 43 minutes. The indicated time is as per ‘Google Maps. However, it would definitely take more time it the travel is done by . Commuting to Bhopal is also not as demanding and troublesome as traveling to Banswara as various modes of transport to reach Bhopal are accessible while the same58 may not be the ease for Banswars considering itis small town in the state of Rajasthan. 11, Moreover, the Petitioner isnot at Banswara at present as. when the Answering Respondent had visite the town with regards tothe investigation of the false and fabricated FIR. filed by the Petitioner, it had come to his knowledge that the Petitioner has been, since 2 long time, resiing at Aligarh with her parents. REPLY ON MERITS, 12, The Answering respondent puts into reply to the petition subject to and without prejudice to the preliminary objections mentioned above: REPLY TO THE GROUNDS 13, The Answering Respondent herein states thatthe content of Ground No. A mentioned In the Transfer Petition is denied and incorrect that no prejudice would be suffered i the casei tried at Bansware, The distance from Banswar to Bhopal is 380 KMS and would require him to travel for 8 hours. Moreover, commuting to Banswara is not easy and convenient as Banswara is a small town in Rajesthan and Is not accessible through many modes of transport.59 14, The Answering Respondent herein states that the content ‘of Ground No, 8 is denied and incorrect, The Petitioner is living with her parents in Aligarh and not at Bonswara and ts dependent on her parents forthe caregiving and tutelage of the baby oi. 45, The Answering Respondent herein states thatthe content of Ground No, Cis denied and incorrect asthe Petitioner is. in Aligarh at present and would have to travel longer from ‘Algoch to Ganswara than Bhopal. 16, The Answering Respondent herein states thatthe content of Grounds © is denied and incorrect the petitioner Is. round € 50,000/- per month and is capable to day expenses to the best of his knowledge. 117. The Answering Respondent herein states that the content of Ground No, E is denied and incorrect to the best of his knowledge. The Petitioner and her family are well resourced and well-equipped to face the litigation In Bhopal as they're currently in Aligarh and her father is 2 superanauated officer. fom the post of Manager, Bank of Ina, and therefore, can afford to travel to Bhopal for the same, Moreover, the Pettioner also has a well60 eying job at a private organization based in Noida to support the litigation costs and travel included thereof 18, The Answering Respondent herein states thatthe content of Ground No. F ls denied and incorrect tothe Best of his knowledge. 19, The Answering Respondent herein states that the content ‘of Ground No. Gis denied and Incorrect to the best of his. knowledge. Tra ing to Banswara would be 2 ‘cumbersome task for the Answering Respondent as ts an B-hour Journey with no effective mode of commute to reach the place. 20, The Answering Respondent herein states thatthe content ‘of Ground No, H is denied and Incorrect tothe best of his knowledge, The Answering Respondent had visited ‘answara first time in his entire ie in 2022 with regard to the investigation ofthe false and fabricated FIR filed by the Petitioner but it had come to his knowledge that the jr oner was not in Banswara but in Aligarh. The Investigating officer in Banswara hes already submitted his ‘nal investigation report in the court af Shri Puren Kumar Meena, district answara. During the investigation proceedings, the petitioner has not visited Banswara not61 ‘even once to give her statement. From that itself we can ‘make out thatthe intention of the Petitioner isnot Bonafide and is just to harass the Answering Respondent, 21, The Answering Respondent herain states that the content ‘of Ground No. IIs a matter of record and needs no reply. Contents of paras hereinabove are reiterated and eaters. < DEPONENT VERIFICATION “That avermente made in this counter affidavit are true and correct tothe best of my knowledge and belief derived from the records ofthe case, No part afi is flse and nothing material has been concealed therefrom. At: Bhopal ae oer ot xt PONENT [DRAWN AND FILED BY: SuvIDUTT Ms. ADVOCATE-ON-RECORD FOR THE RESPONDENT ‘CODE NO. 2401 ‘CHAMBER ADDRESS: 123, NEW LAWYERS CHAMBER, ‘SUPREME COURT, NEW DELHI ~ 110 001 Mobile: 09999778751