In matrimonial disputes, it is not uncommon for one of the parties to seek the transfer of a divorce case from one court to another either within the same state or to a different state. Such transfers are generally requested to ensure convenience, safety, or fair trial conditions. Indian law provides specific legal provisions for initiating these transfers through the appropriate courts.

At Divorce Lawyer New Delhi, we assist clients in understanding and navigating the legal procedures for transferring matrimonial cases, whether at the High Court or the Supreme Court level, based on jurisdiction.

Transfer of Divorce Case Within the Same State

High Court’s Power:
If you want to transfer a divorce case from one district court to another within the same state, you need to approach the High Court under Section 24 of the Civil Procedure Code (CPC).

Procedure:

1. File a Transfer Petition in the High Court through a family law advocate.
2. Provide valid reasons (explained below).
3. After hearing both parties, the court may pass an order allowing or rejecting the transfer.

Transfer of Divorce Case to Another State

Supreme Court’s Power:
If the case needs to be transferred to a court in another state, you must approach the Supreme Court under Section 25 of the CPC.

Procedure:

1. A Transfer Petition is filed in the Supreme Court.
2. It must be filed through an Advocate-on-Record (AOR).
3. The opposite party is notified and given a chance to respond.
4. The Supreme Court hears both sides and then passes an order on the transfer.

Grounds for Transfer of Divorce Case

The court does not transfer a case just because one party requests it. Valid grounds must be provided, such as:

1. Convenience of the Wife

Courts often consider this ground if:

• The wife has no independent income.
• She has a minor child.
• She has moved to her parental home after separation.
• There is no one to accompany her for court visits.
• Long travel distance or cost is a burden.

2. Threat to Life or Safety

If one party fears physical harm or harassment in the current jurisdiction.

3. Apprehension of Bias

If the applicant reasonably believes that the current court may not offer a fair trial due to local bias or influence.

4. Medical Reasons

If the party has a medical condition that makes travel unsafe or difficult.

5. Care of Ailing Parents or Dependents

If the party needs to take care of sick or elderly family members and cannot afford to travel frequently.

6. Consolidation of Multiple Cases

If other related cases like maintenance, child custody, or domestic violence are pending in a different court, all cases can be shifted to one location for better coordination.

7. Harassment by Jurisdiction

If the opposite party filed the case in a distant or inconvenient location just to cause trouble or pressure the other spouse.

Important Legal Considerations

• Burden of Proof: You must submit valid documents or proof to support your claim (e.g., medical reports, travel expense, children’s school details).
• Court’s Discretion: The judge will carefully examine the facts and decide if the transfer is fair and necessary.
• Legal Help: It is strongly advised to hire an experienced family lawyer to handle the transfer petition, as the format and documentation must be accurate.
• Video Conferencing Option: Sometimes, instead of transferring the case, courts may allow video conferencing for convenience, especially in matrimonial matters.

If you’re planning to file a transfer petition or facing difficulties attending court in another city, Advocate Suresh Gupta at Divorce Lawyer New Delhi can assist you with the entire process—from petition drafting to court representation.