The court has the decision to either accept the petition or reject it. Based on the pertaining circumstances and facts involving the case, the Supreme Court under Section 25 of the Code of Civil Procedure has the jurisdiction to transfer a case relating to a matrimonial matter. A similar power lies with the High court to transfer a case from one district to another within a state. Our expert
Transfer Petition in Supreme Court lawyers ensures the best legal support so that you face no obstacles in having your transfer petition request accepted.
That in case where husband files for divorce in his city on the jurisdiction that they both lastly resided together in the city where he is residing presently and wife lives in a different city, then, in that case, the wife can file transfer petitioner before the Hon’ble Supreme Court stating the grounds.
That it was held by the Hon’ble Supreme court that if the wife is taking a stand that she is having the minor children and residing with her parents at her parental home then, in that case, the husband can take a defense that grandparents can be asked to look after the child and so merely based on having a minor the transfer petition cannot be granted to her. (Anindita Das -vs- Srijit Das, in (2006) 9 Supreme Court Cases 197)