Written by Adv. Aman Chawla | Matrimonial Law Specialist |Delhi High Court & Supreme Court of India
Practice in Family & Matrimonial Law | Updated: July 2026

Your divorce case was filed in Chandigarh. You are living with your parents in Delhi. Your husband refuses to appear anywhere other than his home court. Every hearing date is a 300-kilometre round trip you cannot always make — especially with a young child, an ageing parent at home, and a job you cannot take leave from indefinitely.

This situation is not unusual. In India, matrimonial disputes frequently span two cities, two states, and sometimes two countries. When the court where a case is filed is genuinely inconvenient for one of the parties — to the point where it prevents meaningful access to justice — the law provides a specific remedy: a transfer petition before the Supreme Court of India.

This is a complete, updated guide to what a transfer petition is, when it can be filed, how it works, what courts look for, and what has changed in 2025 and 2026.

1. What Is a Transfer Petition — and When Does It Apply?

A transfer petition is a formal legal application asking the Supreme Court of India to move a pending civil case — including a matrimonial dispute — from a court in one state to a court in another state.

The critical word is “state.” Moving a case from one district court to another within the same state is done through the relevant High Court under Section 24 of the Code of Civil Procedure, 1908. The Delhi High Court, for example, handles intra-state case transfers within Delhi and can consolidate cases pending across different Delhi courts into one forum.

An inter-state transfer — where the case needs to move from, say, a Jaipur Family Court to a Delhi Family Court — can only be ordered by the Supreme Court of India under Section 25 of the Code of Civil Procedure, 1908. Read alongside Article 139A(2) of the Constitution, which gives the Supreme Court an independent constitutional power to transfer cases in the interest of justice, this is a broad and meaningful power.

What it is NOT: A transfer petition is not an appeal. It does not challenge the merits of the case or the previous orders passed. It only seeks to change the forum. The case itself — the divorce petition, the maintenance application, the custody claim — continues in the new court with a clean slate of process (not substance).

2. The Legal Basis: Section 25 CPC and Article 139A

Section 25 of the Code of Civil Procedure, 1908 is the primary statutory basis for inter-state transfer. It authorises the Supreme Court to transfer any suit, appeal, or other proceedings from a High Court or other Civil Court in one state to a High Court or other Civil Court in another state, if it is satisfied that an order of transfer is “advisable for the ends of justice.”

The Supreme Court in Dr. Subramaniam Swamy v. Ramakrishna Hegde held that the “ends of justice” test is the primary consideration. Mere convenience of one party is not automatically sufficient — there must be something more: a genuine impediment to accessing justice, a real risk of prejudice, or a circumstance that makes the current forum manifestly unsuitable.

Article 139A(2) of the Constitution gives the Supreme Court the additional constitutional power to transfer cases when it appears to the Court that questions of general public importance are involved, or that the interests of justice require it.

Under BNSS 2023 (effective July 1, 2024): For criminal cases associated with matrimonial disputes — such as 498A/Section 85 BNS proceedings — the transfer power for inter-state criminal cases sits under the Supreme Court’s authority as well. The BNSS replaced the CrPC; references to Section 406 CrPC for Supreme Court transfer powers in criminal matters now fall under the equivalent provisions of the BNSS.

3. Who Can File — and From Where

Either party to the matrimonial case can file a transfer petition: the wife who is being required to attend court in a distant city, or the husband who believes the court where his wife has filed is prejudiced or otherwise unsuitable.

In practice, the large majority of transfer petitions in matrimonial cases are filed by wives who are required to appear before courts in cities where their husbands reside, while they themselves live elsewhere — often at their parental home in a different state. Courts have acknowledged that a wife’s ability to effectively participate in her own matrimonial litigation should not be defeated by geography.

But transfer petitions in favour of husbands are also filed — and sometimes granted. We have published a complete guide on the specific considerations for transfer petitions in favour of the husband for clients who need that angle specifically.

The petition is filed at the Supreme Court of India in New Delhi, regardless of where the underlying case is pending.

4. The Grounds — What the Supreme Court Actually Considers

The Supreme Court will not transfer a case simply because one party finds it inconvenient. Courts are alert to the misuse of transfer petitions as a tactical delay tool. The following are the most consistently recognised and judicially accepted grounds:

Genuine distance hardship: A distance of 200 km or more between the petitioner’s current residence and the court where the case is pending is commonly cited. The Court looks at whether the distance, given the petitioner’s specific circumstances, creates a real and not merely theoretical obstacle. For women with minor children, elderly dependants, or specific health conditions, courts are more sympathetic. Read our guide on when distance becomes a legal strategy for a full analysis of how courts apply this test.

Minor child in the petitioner’s care: Where a wife has primary custody of minor children and is required to appear in a distant court, the child’s welfare consideration is a factor. However — and this is important — the Supreme Court held in Anindita Das v. Srijit Das (2006) 9 SCC 197 that merely having a minor child is not automatic grounds for transfer, because the husband can argue that the child’s grandparents can care for the child during court attendance.

Safety concerns: Where the petitioner has a genuine, evidenced fear for their safety in the state where the case is filed — particularly in DV cases or cases involving a history of threats or violence — the court may grant transfer on this basis. Vague statements of fear without supporting evidence are generally not accepted; specific incidents, witness names, or police complaint records strengthen this ground considerably.

Bias or undue influence of the local court: Where there is documented evidence of local influence over the court — through political connections, community pressure, or specific documented incidents — transfer can be sought on this basis. It requires specific, credible evidence, not a general allegation.

Pendency of related cases: Where multiple related matrimonial proceedings are pending in different courts — a divorce petition in one city, a DV case in another, a maintenance application in a third — consolidation before a single, convenient court is a recognised ground. The Supreme Court has specifically addressed the problem of serial multi-forum litigation in recent years.

For a detailed breakdown of each ground with specific case law, see our article on 7 important things to know about transfer petitions in 2026.

5. What the Husband Can Do to Oppose the Transfer

A transfer petition is not automatically granted just because it is filed. The responding spouse — typically the husband in most matrimonial transfer petitions — has real and effective arguments available, and courts take them seriously.

Offer to pay travel and accommodation costs: The Supreme Court in Krishna Veni Nagam v. Harish Nagam (2017) specifically held that where a husband offers to bear the wife’s travel expenses — including second-class AC rail fare and reasonable accommodation costs — for every hearing, courts should consider this offer before granting a transfer. The offer, once made on record, shifts the burden: if the wife’s objection is purely financial difficulty in travelling, and the husband is willing to cover that cost, the transfer ground weakens.

Video conferencing as an alternative: In 2017, the same Krishna Veni Nagam ruling introduced another powerful alternative to transfer: the court at the case location can allow the wife to participate through video conferencing from a court near her residence. This was confirmed and updated in recent 2025-2026 SC pronouncements. A detailed comparison of when each remedy is better suited is in our article on video conferencing vs. transfer petition in 2026.

Challenge the grounds specifically: Where the wife’s grounds are generic — “I can’t travel,” without specific medical, childcare, or safety evidence — the husband’s lawyer can challenge them point by point. Vague grounds that any woman in any case could state are generally insufficient. Courts require specific, fact-grounded reasons why this particular petitioner, in this particular case, cannot attend this particular court.

Elderly parents / childcare duties on husband’s side: Just as the wife can cite family obligations, a husband can similarly place his own specific responsibilities on record — caring for a bedridden parent, running a business that cannot relocate — as factors the court should weigh in assessing balance of convenience.

A complete legal guide for husbands specifically on how to oppose a transfer petition is in our dedicated article on grounds to reject a wife’s transfer petition under Section 24 CPC.

6. The Filing Process — Step by Step

Step 1 — Engage a Supreme Court lawyer: Transfer petition filings in the Supreme Court require an Advocate-on-Record (AoR) enrolled with the Supreme Court of India. An advocate who practises only in the High Court or family courts cannot independently file before the Supreme Court. Adv. Aman Chawla practises before the Supreme Court of India and handles Supreme Court transfer petition filings directly.

Step 2 — Prepare the petition: The petition must contain: details of the pending case (case number, court, parties); the specific ground(s) for seeking transfer; the proposed court to which transfer is sought; a supporting affidavit from the petitioner; and copies of relevant case documents.

Step 3 — File and obtain a date: The petition is filed at the Supreme Court registry. A date for first hearing is fixed — typically within a few weeks of filing for routine transfer petitions.

Step 4 — Notice to the opposite party: The other spouse is issued notice of the transfer petition and given an opportunity to file a reply and appear through their counsel.

Step 5 — Hearing and order: At the hearing, both sides present their submissions. The Court may pass the transfer order, reject the petition, or suggest an alternative (such as video conferencing). In some cases, courts suggest mediation at an intermediate location, or explore whether the underlying dispute can be consolidated.

Timing expectation: Most matrimonial transfer petitions are listed for hearing within 4 to 8 weeks of filing. Simple, uncontested transfers can be resolved in 1–2 hearings. Contested petitions where both sides are actively arguing may take longer. Transfer petitions do not run for years — they are one of the faster proceedings before the Supreme Court.

For a step-by-step guide on the paperwork and practical process of moving your case, see our article on how to move your case to another city.

7. The Video Conferencing Alternative — When It’s Better Than Transfer

The Supreme Court’s direction in Krishna Veni Nagam (2017) and subsequent SC/HC orders have made video conferencing an increasingly recognised alternative to physical transfer, particularly:

— Where the distance objection is the primary hardship and safety concerns are not present — Where the underlying court is genuinely a better venue for the case (e.g., witnesses are there, documents are filed there) — Where the petitioner is an NRI and travel to any Indian court is the real constraint (see the Gujarat HC’s March 2026 ruling on NRI participation through video conferencing)

Video conferencing does not replace transfer in cases involving genuine safety concerns or documented inability to attend even electronically. But in straightforward convenience-based cases, it is now a first consideration before transfer, and courts will often suggest it before granting transfer.

For NRI divorce cases where both parties are abroad and one wishes to move the Indian proceedings to a more convenient court, or wishes to consolidate scattered Indian filings, the combination of video conferencing and transfer petition is becoming the standard approach.

8. What Happens to Interim Orders During the Transfer?

This is one of the most practically important questions clients ask. If a maintenance order, protection order, or custody arrangement is in place at the time the transfer petition is filed:

— Those orders remain in force during the pendency of the transfer petition. Filing a transfer petition does not stay or vacate existing interim orders. — Once the transfer is granted, the case moves to the new court with all its existing orders intact. The new court then conducts further proceedings from where the case stands. — The new court can modify existing interim orders — but it must do so through proper applications and hearings, applying the same legal standards as the original court would have applied.

This means that a wife who has secured an interim maintenance order before the husband files a transfer petition does not lose that order merely because the case moves to a new court.

9. Is a Transfer Petition the Right Move for Your Case?

Not every inconvenient forum situation justifies a Supreme Court transfer petition. Consider these alternatives first:

If both proceedings are within Delhi: A family court matter that needs to move between Delhi courts can be consolidated through the Delhi High Court — quicker, less expensive, and doesn’t require Supreme Court filing.

If the concern is only about attendance: Video conferencing may resolve the practical problem without the cost and time of a transfer petition.

If the inconvenience is manageable but you want a strategy: Sometimes a transfer petition is filed not because transfer is genuinely necessary, but because the other side’s filing in a distant court is itself a litigation tactic — in which case the legal response is a transfer petition that calls that tactic out explicitly and asks the court to consolidate proceedings in a genuinely neutral and convenient forum.

The decision requires a specific assessment of your case’s facts. Our transfer petition service page covers how we assess and file these in more detail.

Consult Adv. Aman Chawla, Matrimonial Law Specialist, practising before the Supreme Court of India, Delhi High Court, and all Delhi district courts. Supreme Court transfer petitions filed and argued directly. Available for urgent matters, outstation clients, and online consultations across India.

Call / WhatsApp: +91-8076836899 | Email: info@thematrimoniallawyers.com Office: O-11A Basement, Jangpura Extension, New Delhi – 110014

10. Frequently Asked Questions

Q1. What is a transfer petition in the Supreme Court of India?

A transfer petition is a formal application under Section 25 of the Code of Civil Procedure, 1908, asking the Supreme Court to move a civil case — including a matrimonial dispute — from a court in one state to a court in another state. It is the only way to achieve an inter-state transfer of a matrimonial case. Intra-state transfers (within the same state) are handled by the relevant High Court.

Q2. Who can file a transfer petition in a matrimonial case?

Either spouse can file a transfer petition. In practice, the majority are filed by wives who are required to appear in courts located in distant cities. However, husbands can and do file transfer petitions, particularly where their wife has filed the case in a court that is distant from the husband’s residence and where the husband has genuine grounds for transfer.

Q3. What are the main grounds for filing a transfer petition?

The most accepted grounds are: genuine distance hardship (typically 200+ km between the petitioner and the court); minor children in the petitioner’s primary care; documented safety concerns in the state where the case is filed; proven bias or local influence over the court; and pendency of multiple related cases in different courts that need to be consolidated. Vague or generic hardship, without specific supporting facts, is generally not sufficient.

Q4. Can my husband oppose my transfer petition?

Yes, and effectively. The most common defences are: offering to pay the wife’s travel and accommodation expenses for every hearing; proposing video conferencing participation as an alternative to physical transfer; and challenging the specific grounds of the transfer petition factually. Courts have held that where a husband makes a genuine offer to cover travel costs, and the wife’s ground is purely financial inconvenience, the transfer ground weakens significantly.

Q5. Does filing a transfer petition stop my pending maintenance or custody proceedings?

No. Existing interim orders (maintenance, protection, custody) remain in force during the pendency of the transfer petition. The transfer petition only seeks to move the forum; it does not stay the proceedings or vacate any existing orders. Once transfer is granted, the case moves to the new court with all existing orders intact.

Q6. Is video conferencing better than filing a transfer petition?

It depends on the facts. Video conferencing is better where the hardship is purely about physical travel and there are no safety concerns. Transfer is better where the current forum is genuinely biased, where multiple cases need consolidation, or where video conferencing is not a reliable or available option for the petitioner. Our detailed comparison article on video conferencing vs transfer petition covers the specific factors courts look at.

Q7. How long does a Supreme Court transfer petition take?

Most matrimonial transfer petitions are listed for hearing within 4 to 8 weeks of filing. Simple, uncontested transfers — where the other side does not seriously oppose — can be resolved in one or two hearings. Contested petitions take longer but are generally among the faster categories of Supreme Court proceedings. Transfer petitions are not typically pending for years.

Q8. Does the transfer petition need to be filed in Delhi?

Yes. Supreme Court transfer petitions are filed at the Supreme Court registry in New Delhi, regardless of where the underlying case is pending. The filing must be made by or through an Advocate-on-Record enrolled with the Supreme Court. Adv. Aman Chawla is enrolled before the Supreme Court of India and handles transfer petition filings directly without requiring additional agents or referrals.

Q9. I am an NRI and my divorce case is in India. Can I file a transfer petition to move it closer to Delhi?

Yes, and this is one of the more common NRI divorce situations we handle. The Supreme Court’s direction in Krishna Veni Nagam and the Gujarat HC’s March 2026 ruling on video conferencing both support NRI participation in Indian matrimonial proceedings without requiring travel for every hearing. Whether to file a transfer petition or use video conferencing as an alternative depends on your specific situation. See our NRI divorce guide for the full picture.

Q10. My spouse has filed multiple cases against me in different courts across two states. Can I use a transfer petition to consolidate them?

Yes. Consolidation of parallel matrimonial proceedings into a single, convenient forum is a specifically recognised ground for transfer petitions. The Supreme Court has, in recent years, specifically flagged the problem of serial multi-forum litigation as a tactic of harassment and has used its transfer powers to consolidate scattered proceedings before a single court. If you are facing this situation, the transfer petition should be drafted to specifically address the pattern of multi-forum filings and its effect on your ability to effectively participate in all of them.

Written by Adv. Aman Chawla. This article is for informational purposes only and does not constitute legal advice. Every case is fact-specific. Please consult a qualified lawyer before taking any legal action.