{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
- 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.
- 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.
No comments:
Post a Comment