TRANSFER PETITION IN SUPREME COURT

Section 25 of the Code of Civil Procedure,1908 provides for power  of Supreme Court to transfer suits, etc… and such transfer is allowed  when it is expedient to meet the ends of justice .

TRANSFER PETITION IN CRIMINAL CASES

In case of Criminal matters the same is filed under the provision of  section  406 of the Code of Criminal Procedure.

TRANSFER PETITION IN DIVORCE CASES

It is mostly seen that Transfer Petition in Matrimonial cases such as Divorce cases , case of Domestic Violence , maintenance etc.. are preferred before the Hon’ble Supreme Court for transfer from the court of the Principal Judge Family court to another court of Principal Judge Family Court.

The Jurisdiction of the Hon’ble Supreme Court is invoked   under section 25 of the Code of Civil Procedure,1908 r/w Order XLI of Supreme Court Rules 2013 praying  for transfer of  Civil cases from the trial court of one state to another or from one one High Court to Another.

Grounds taken normally in Transfer of Matrimonial Cases

For Wife its usually her inability to travel the distance and in case there are children then and especially in case of non working woman thats a good ground which the Court normally takes into consideration.

However the husbands  have the option of opposing the transfer stating his inability to be present due to work load and would bear the expenses of travel etc.

It is not always that just because a wife has filed for transfer the Hon’ble Court would  automatically  allow the transfer in favour of the wife.

The Hon’ble Court would take into consideration all aspects before allowing the transfer Petition and to meet the ends of justice.

For  any queries related to filing of transfer petition before the Hon’ble Supreme Court you may click here

or you may call us at  987 0447 987