Transfer petition in Supreme Court - The Matrimonial Lawyers

 A transfer petition in the Supreme Court of India is a legal application filed by a party requesting that a case pending in one court be transferred to another court. According to section 25 of code of civil procedure, hon’ble supreme court has the power to transfer a case from one court to another court.

To file a transfer petition in Supreme Court of India, the following steps must be taken:

·       Draft the petition: The petitioner or their lawyer must prepare a petition that includes the reason for seeking the transfer, along with supporting documents.

·    Pay the fee: The petitioner must pay the requisite fee for filing the petition. The fee depending on the nature of the case.

·        Submit the petition: The petition must be filed in the Supreme Court of India, either by a party or through a lawyer. The court may require the petitioner to appear for a hearing to explain the grounds for seeking the transfer.

·       Wait for the court's decision: After hearing the arguments from both parties, the Supreme Court will decide whether or not to transfer the case to another state.

There is no fixed timeline for the Supreme Court to transfer a case. The process can take anywhere from a few weeks to several months, depending on the complexity of the case.

Grounds on which transfer petition can be filed

1.    Convenience of the parties: If the current court location is inconvenient for one or more of the parties involved in the case, a transfer petition can be filed to move the case to a more convenient location.

2.     For medical reasons (in matrimonial issues): A wife can file a transfer petition if she is suffering from a medical condition that makes it difficult for her to attend court proceedings in the current court.

3.    Convenience: If the parties or witnesses in the case are located in different parts of the country, and it would be more convenient to have the case heard in another High Court, they can file a transfer petition in the Supreme Court.

It is important to note that a transferpetition in Supreme court of India is decided on a case-by-case basis. The court will consider various factors, including the convenience of the parties, the interest of justice and the constitutional rights of the parties involved, before granting a transfer petition.  

Supreme Court is not bound to entertain every transfer petition that is filed before it. The Court has the discretion to decline a transfer petition if there are no compelling reasons to transfer the case. The Court may also decline to transfer a case if it finds that the petition is not maintainable or that there are other legal or procedural grounds for rejecting the petition.

Best Transfer Petition Lawyer In Delhi

                                             {SECTION-25 of CPC}

Transfer Petition of Section25 of the Code of Civil Procedure is an associate degree enabling provision that empowers the Supreme Court of India to transfer any case, or different proceedings from a court or Civil Court in one state to a different court or other Civil Court in the other state.

According to this section, this power can also be exercised by the Supreme Court if it’s happy that associated degree order section 25 is expedient for the ends of justice. Therefore, wide powers are provided to the Supreme Court to order a transfer of a civil case if the Court feels that the ends of justice shall be met within the explicit circumstances.

TYPICAL GROUNDS TAKEN BY WIFE IN THE TRANSFER PETITION:

Ø  Having a child

Ø  Travel is unsafe as being a lady

Ø  Expenses required for travel are more

Ø  Threat to her or her kids life at Husband’s place

Ø  Husband is very influential at his place

Ø  Inconvenience in travel long distance.

 

How Husband can defend against transfer petition filed by wife

1. Husband can claim that, he is ready to bear all the travelling expenses of wife from one state to another. Court can consider his request not to transfer the case in this case.
2. Court can also consider the case when, the husband has old parents or little children at home to be taken care of.

 

PROCEDURE FOR TRANFERRING THE SUIT

To transfer of a matrimonial dispute from one court to another court being filed in another state can only be done by filing a transfer petition, which can be filed by either of the parties before the Hon’ble Supreme court of India.

The petition should be filed by either of the party who wants the transfer of a case from one court to another court or the state by giving an application or notice supported by an affidavit stating the grounds of transfer. It is taken under the supervision of Transfer Petition Lawyer.   

Notice

Notice play a very vital role in filing of transfer petition. The party who files for transfer petition can give notice to the other party or to the other council. Notice is also very important in civil as well criminal procedure code.

Affidavit

Affidavit is a document attached with the transfer petition, mentioning the grounds on which the party is seeking the transfer.

QUESTIONS RELATED TO THIS

Q.1- Who has the right to transfer the case?

= In civil as well as criminal matters, it is evident that the higher i.e the Supreme Court has the right to transfer of case from one judge to another among its subordinate courts.

Q.2- Who can file the application for transfer of case ?

= As per section 25 of the code of civil procedure, any party can file an application for transferring the suit. Both parties have the right to file the application in the hon'ble supreme court for transferring the case.

Q.3- How much time Hon’ble Supreme court take for a decision on transfer petition?

= As per the Hon’ble supreme court rules 2013, order 41 provide that the first hearing date of transfer petition is posted before the court for preliminary examination and order as to issue of notice. It normally takes 2-3 months for giving a decision on a transfer petition.

Q.4- Fee required of transferring divorce case from one court to another court?

= Transferring a case from one state to another state, transfer petition is to be filed in Hon’ble supreme court and the nominal court of Rs. 10/- is charged. If you engage with an transfer petition lawyer than of course expenses would depend on the fee to be charged by the advocate. And the transfer petition lawyer’s fee can vary lawyer to lawyer.

CASE LAW

In Kalpana Devi Prakash Thakar v/s Dev Prakash Thakar, the Court rejected the request of the wife’s plea for transfer of the matrimonial proceedings from Mumbai to Palanpur, Gujarat taking into account the subsequent considerations:

1.      The husband was a health care provider and his absence from Mumbai could cause inconvenience to his patients

2.      His unwell mother who lived with him required regular medical check-ups and constant care

3.      The witnesses were mainly from Mumbai

4.      The wife had relatives in mumbai with whom she could stay whenever she went there for the case

5.      The husband was ready to bear all the expenses of travel and additionally the traveling expenses of the escort.

6.      Palanpur was well connected to Mumbai by train.

The Matrimonial Lawyers is a Delhi based Law Firm dedicated to Matrimonial & Legal Services. We provide all services related to transfer petition in supreme court through our team of highly qualified. we help our clients to develop strategies to guide them and their families through a very difficult time in their lives. We know how to fight for the rights of a person in the court of law and that’s what we do for our clients. Contact us for best transfer petition lawyer in Delhi.