PROCEDURE FOR FILING OF TRANSFER PETITION

TRANSFER PETITION IN THE SUPREME COURT

PROCEDURE FOR FILING OF TRANSFER PETITION:

Transfer Petition comes under the original jurisdiction of the Supreme Court. The procedure of filing of a transfer petition in the Supreme Court is governed by the Supreme Court Rules 2013. There are two types of Transfer petitions i.e. Transfer Petition (Civil) and Transfer Petition (Criminal). In the Supreme Court, a Transfer Petition (Civil) is being filed Under Section 25 of the Code of Civil Procedure read with Order XLI of the Supreme Court rules 2013 and a Transfer Petition (Crl) is being filed under Section 406 of the code of criminal procedure read with Order XXXIX of the Supreme Court rules 2013. Transfer petitions arising out of the matrimonial disputes are mainly to transfer cases such as Divorce cases, Restitution Petition (RCR), 498A Cases, Domestic Violence (D.V), Maintenance cases, Child custody cases, etc. It arises when a spouse (Husband or Wife) files a matrimonial case against the other spouse at the place where she/he presently resides and the opposite party (Husband or Wife as the case may be) finds it difficult to contest the said matrimonial case at the place where it has been originally filed so in such a situation the aggrieved party approaches the Supreme Court for transfer the case in question by filing a transfer petition, seeking Transfer of the case from its original place to the place where She/he feels convenient to contest the case.

GENERAL GROUNDS OF THE TRANSFER PETITION RELATED TO THE MATRIMONIAL CASES:-

The grounds on which the petitioners generally seeking transfer of the case are:-

1. Financial crunch to the petitioner

2. Life threats to the petitioner

3. No one is in the family to accompany the petitioner to attend the case.

4. Long journey time to attend Court Proceedings

5. Minor child

6. Leave is not available (in case the Petitioner is employed) etc.

7. Other cases between the same parties are pending adjudication at the residential place of the petitioner where a transfer is prayed.
   
   

WHAT IS APPROPRIATE STAGE OF THE CASE TO FILE TRANSFER PETITION?-

When a summon or notice is received which has been issued by the Court concerned where originally the case in question is filed and the respondent/Defendant feels inconvenience to contest the case at its original place where it has been registered, at this stage of the impugned case, the aggrieved person may approach the Court for transfer of the case in question by filing an appropriate Transfer Petition in the Supreme Court subject to the condition that the original case is pending/ instituted in a different State from the place where the aggrieved person is presently residing. So, it is an appropriate stage to file a transfer petition and the same could not be questioned on the grounds of its stage and the respondent cannot take the plea that the transfer petition has been filed at its belated stage.

*This article is not for legal advice. It is written only for an academic purpose and general awareness.