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Supreme Court or High Court Transfer Petition

A petition filed in Supreme Court or High Court seeking transfer of a case from one state to another or one district to another with a valid reason to satisfy the court like fair trial, to avoid delay, better deliverance of justice, etc.

Valid ground for transfer of case whether civil or criminal constitutes essential part of the transfer petition filed a Supreme Court or High Court.

The grounds stated in the transfer petition should be valid enough to convince the court that if transfer is not done, it may lead to delay/failure in providing justice.

The Supreme Court under section 25 CPC (Civil Procedure Code) has the power to transfer case or appeal. Under the same section the Supreme Court can also transfer any other proceedings from one High Court to another or civil court in one state to another.

The Supreme Court, if it may want to transfer a criminal case can do the same under section 406 CrPC (Criminal Procedure Code) from one High Court to another or from one subordinate court to another.

The High Courts also have the power to transfer case or appeal under section 24 CPC (Civil Procedure Code) following the same procedure to different District Courts.

Services For Transfer Petition

Consultation

Hand Holding

Drafting

Appearance

Step by Step Procedure of the Transfer Petition in the Supreme Court

STEP 1

Person seeking to get a case transfer has to file a transfer petition with appropriate facts and as per court rules and format.

STEP 2

The Supreme Court registry checks/scrutinizes the transfer petition for defects and only after the removal of those defects the transfer petition is listed before the Bench.

STEP 3

The Supreme Court or High Court upon hearing the petitioner issues notices to the respondent. Mostly in matrimonial cases the proceedings at lower courts are stayed till the disposal of the transfer petition.

STEP 4

The defendant upon receiving the notice for a transfer petition then has to hire an advocate for reply and appearance in court.

STEP 5

After submission of counter affidavit by the defendant and rejoinder if any, by the petitioner the pleadings are complete.

STEP 6

During the hearing, Supreme Court may refer the matter to the Mediation Center for an amicable resolution. An amicable resolution could be when parties agree upon reconciling their differences or part ways by way of a mutual consent divorce petition.

STEP 7

If mediation succeeds, the transfer petition is disposed of accordingly.

STEP 8

If mediation, Supreme Court hears the matter on merit

STEP 9

Supreme Court then decides if transfer Petition is allowed or not.

STEP 10

If a transfer petition is allowed then the matter gets transferred from the original place where such case was pending to another place as Supreme Court may decide.

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FAQ OF TRANSFER PETITION IN THE SUPREME COURT

A transfer petition is a petition filed in the court seeking transfer of the case from state agencies to a central body or from one High Court to another or from High Court to Supreme Court

Transfer Petition in Supreme Court can be filed in Civil and Criminal matters. When the matter is to be transferred from one Court of State to another Court of different state, then you have to approach Hon’ble Supreme Court. Civil matter comes under Sec 25 CPC and Criminal matter is transferred under sec 406 Crpc.

Yes, the Supreme Court has the power to transfer the cases from one High Court to another and even from one District Court of a particular state to another District Court of another state.

To succeed in a transfer petition, the petitioner has to prove that he/she is prejudiced due to the petition being heard at the respondent spouse’s place and that the respondent spouse will not be prejudiced in turn if the same is transferred and heard at his/her place.

The jurisdiction is the main factor that affects the proceeding’s location. In a matrimonial dispute parties can proceed their case having options for 3 kinds of jurisdictions which are :
  1. place where both the parties last resided,
  2. place where the wife is residing since the separation,
  3. Place where the marriage was solemnized. These three factors affect the jurisdiction of any matrimonial case and induce any party to the dispute to put forward an application for transfer of the case if one of the spouses feels that the current jurisdiction is prejudiced.
A transfer petition is allowed to a wife in cases where the wife can prove beyond any reasonable doubt that he is incapable to proceed with the litigation at the current location of the proceedings, or that she is suffering from any medical condition and hence cannot travel far for proceeding with the litigation, or that there is a threat to her life if she travels to the place of husband or any other circumstance that proves to the court that it shall be a hurdle for the wife to proceed with the litigation.
When a wife puts up a transfer petition before the court seeking relief under the same the court takes its time to understand the matter and apply its mind to the circumstances of the case and see if there are any irrelevant contentions being put forward by the wife just to harass the poor husband. The Punjab Haryana High court said the same in a judgment that it is the most misused provisions in law that is used by the wife just to harass the poor husband and suggested the wife to proceed with the case and send her counsel as her presence is not required every day.
The transfer petition on the first hearing date is posted before the Court for preliminary hearing and orders as to issue of Notice. If the court is not convinced that prima facie a case of transfer is made out then it can dismiss the Petition. However, if court prima facie finds that a case of transfer is made out from the facts as stated by the petitioner, it issues notice to respondent parties to show cause why the petition should not be transferred. In the entire process, in the best scenario, it normally takes two to three months in adjudication of transfer petitions.
As a rule, the Supreme Court does not allow Transfer Petition w/o issuing notice to the respondent/ the person who instituted the case at original local level. However, post notice if the respondent does not appear then an ex-parte order of transferring the case may be passed.
The Supreme Court directed that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be: Availability of video conferencing facilities. Availability of legal aid service.
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