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.