Our Delhi divorce lawyers can help you in transferring the case to the court that is closer to you. It will help you save a lot of time and money on travelling and staying at hotels. It can get frustrating, especially if the case gets extended for a longer tenure or if you are tied up with professional commitments. Our lawyer will file the affidavit under Section 25 of the Code of Civil Procedure to initiate the transfer procedure.
When Is A Transfer Petition Filed In The Supreme Court?
A wife can file a transfer petition in the Supreme Court if her husband files the divorce petition in the state where they married while the wife has shifted to reside in her paternal home in another state. The Supreme Court doesn’t always favor the wife, and the husband can counter the allegations and protect himself from being harassed.
If the wife claims that she has a minor child, the court can direct the grandparents to look after the child while she is away for the case proceedings. On this ground the transfer petition can be denied in favor of the husband. If the wife claims that she had to cover long distances for the case proceedings, the husband is given the option to pay for 2nd class AC tickets for the wife to travel.
If the wife says that her life is threatened hence she cannot travel long distances, she has to provide tangible evidence in the court.
If the husband is responsible for child custody, he is more likely to get decision on a transfer petition in his favor.
How To Draft A Transfer Petition
Summary: You are required to outline a short and simple synopsis of your case. The summary should be crisp as well as to the point. It should relate only to the facts which form the grounds for transfer of the case.
Case details: You are required to pen down necessary details of the case.
Prepare the ground: You have to specify the grounds on which you seek transfer of the case. Some common grounds are mentioned below.
- Fear of prejudice in a given jurisdiction.
- Threat to life.
- Medical grounds.
- Ailing or old parents.
- Financial difficulties.
Hire Divorce Lawyer Delhi For A Transfer Petition
Our legal team studies each case individually to understand your special circumstances and proceed accordingly. You can depend on our services for securing your right to transfer a case.
FAQs
The cost of filing a transfer petition in the Supreme Court of India varies depending on the specific case and the amount involved. As of March 2023, the court fee for filing a transfer petition in the Supreme Court is Rs. 500/-, but additional fees may be applicable for various services such as certified copies and expedited processing. It is recommended to consult with a lawyer or seek guidance from the court registry for accurate and up-to-date information on the cost of filing a transfer petition.
Yes, it is possible to file a divorce petition directly in the Supreme Court under Article 142. However, chances of it getting accepted are very rare, as the majority of cases handled by the Supreme Court are of high complexity. Therefore, they will advise you to file a petition in the family court first.
Yes, it is possible for a divorce case to be transferred to the Supreme Court, but it is very rare and typically only happens in high-profile cases, such as those involving celebrities. Usually, divorce cases are heard in family or district courts.
60 days is the time limit to file a petition in the Supreme Court after the date of the judgment. After 60 days, it is not possible to file a transfer petition in the Supreme Court.
