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How to file Transfer Petition in Supreme Court?

How to file Transfer Petition in Supreme Court?

How to file Transfer Petition in Supreme Court? Well its not at all complicated the only requirement is you need to have good grounds for filing a transfer petition . In case of divorce or any matrimonial cases it is important to note that when a wife files for transfer petition it is usually admitted quite easily however that also depends on various circumstances.

Transfer Petition under Section 25 of the  Civil Procedure Code

The Supreme Court has the authority to transfer any suit, appeal, or other proceedings from one state’s High Court or other civil courts to another state’s High Court or other civil courts, or from one High Court to another High Court, in accordance with Section 25 of the Code of Civil Procedure (CPC). Usually, this clause is used when there are issues with the original court’s impartiality, practicality, or fairness of the procedures.

Transfer Petition under Article 139A of the Constitution of India

Transfer Petition under Article 139A of the Constitution of India.Under Article 139A of the Indian Constitution, a petition for a transfer of cases from one High Court to another or from one subordinate court to another subordinate court within India’s borders may be filed with the Supreme Court. This clause is frequently applied where there are strong arguments, such as excessive delay, the parties’ convenience, or the need for a speedy resolution of the case.

Main consideration for transferring a case in Supreme Court

As the Supreme Court exercises discretionary power in transfer petition cases the main points for consideration is cases are transferred on the basis of what is appropriate in the interest of justice and also  for convenience of parties .

Grounds for transfer of a case in Supreme Court

Interest of Justice

Convenience of Parties

In matrimonial cases whether the wife resides in a separate state or is filing only because she has a permanent residence in a particular place

Distance between the places

if there are children then where the wife resides in matrimonial cases

income of the wife whether she is working or non working

These are common grounds under which transfer petitions are filed

Conclusion for How to file Transfer Petition in Supreme Court?

A petition is drafted supported by an affidavit of the petitioner. The matter is listed for hearing and if the court feels it expedient in the interest of justice then notice is issued. Thereafter the opposite party may file his or her appearance. Thereafter counter affidavit may be filed by the opposite party and thereafter final arguments on merits.

For any query related to filing transfer petition in Supreme Court kindly contact at 987 0447 987. You may submit your query here 

Also you may visit  by clicking here  for checking status of  your case

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