Section 25 of the Code of Civil Procedure provides that the Honorable Supreme Court retains power to transfer any case, appeal or any other proceedings from a High Court or a Civil Court in a certain state to a High Court or a Civil Court in other states. The Honorable Supreme Court may exercise this power if it is satisfied that the same expedites justice.
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
1. A quick summary
A concise summary must be given to the Supreme Court, or the court as the case may be. It should explain the reasons why you want to transfer your petition.
2. Case Description
Please indicate the details of the case and the court to whom the matter should be sent.
3. Grounds
A transfer petition must contain the grounds for transfer if the party wants to transfer his case from one jurisdiction to another. Because the petition must contain the grounds for transfer, the petition must also include the reasons. The petitioner must give a reason for the transfer. The court must find the petition's arguments reasonable and convincing. If the petition is denied it will be deemed an error of justice.
If you have good grounds, such as extreme hardship and biasness, then yes. The husband can also file a petition to transfer the case to the supreme court. The Petition will be filed according to section 25 of CPC.
Only the Supreme Court can transfer a state from another state if the claim for transfer is valid.
You can also do this through your lawyer.
To transfer a case from one state to another, you must file a Transfer Petition at the Supreme Court of India
Transfer of cases from one state to another is decided by the Hon'ble Supreme Court of India based on the facts and circumstances of each case. It exercises its discretion and jurisdiction in a very judicious way.
