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.
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