Under Section 24 and Section 25 of the Code of Civil Procedure, 1908 the High Court of a state and the Supreme Court respectively have the power to transfer any case, appeal or other proceeding to any Court in the country.

This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it feels that the ends of justice so require.

 The Court invariably takes a sympathetic view towards the wife’s plea for transfer, but this is not always the case.    

The grounds used by wife for filing the transfer petitions in the matrimonial cases are as follows:-

  1.  Prejudice in the jurisdiction
  2. The wife is a single women without any financial support making it difficult for her to travel to attend court hearings.
  3. If there is no support from father side then that is also a good ground for seeking transfer.
  4. Medical history substantiated by proof
  5.  Old and ailing parents.
  6. The infant in custody cannot be left alone and can not be taken care of by someone else other than the wife.
  7. The wife has no source of income
  8.  Simultaneous jurisdiction

The grounds used by husband for filing the transfer petitions in the matrimonial cases are as follows:-

  1. When the wife is living outside India.
  2. When the husband has the custody of children.
  3. The medical conditions of the husband is such that it makes difficult for him to travel.
  4. The official duties of the husband make it difficult for him to travel.

Conclusion

While adjudicating the transfer petitions, the Court has give due weightage to the rights of both husband and wife. There is a very line to be threaded by the Courts which is now being streamlined by judicial activism.