Cases related to the matrimonial dispute can only be transferred from one state to another through a legal process of transfer petition. In its 59th report (1974), the Law Commission emphasised that when dealing with family disputes, the court should take a radically different approach than in ordinary civil proceedings, and that reasonable efforts at settlement should be made before the trial begins. Cases involving Matrimonial Disputes can only be transferred from one state's court to another via a 'Transfer Petition' submitted before the Supreme Court of India by any party to the case with the help of
transfer petition lawyer in Delhi.
In the case of Krishna Veni Nagam v. Harish Nagam, the Supreme Court, dealing with a
divorce case transfer petition seeking transfer of a case instituted under Section 13 of the Hindu Marriage Act, 1955, took into account the difficulties faced by the litigants in travelling to the Court and, as a result, posed the question whether there was any possibility to avoid the same. It also took note of the fact that the matrimonial matters, which are required to be dealt with swiftly, are being delayed while the hearing of the transfer petition. The Court was of the view that in case where a husband files matrimonial proceedings at the place where the wife does not reside, the court concerned should entertain such petition only on the condition that the husband makes an appropriate deposit to bear the expenses of the wife.
GROUND OF FILLING TRANSFER PETITION IN SUPREME COURT
In India, transferring a case from one state to another is referred to as transferring the case from one state to another. There is various provision for filling
divorce case transfer petition including;
- Convenience is one of the primary grounds for transferring a case from one Court to another. If it is inconvenient for the parties or witnesses to attend the proceedings in the court where the case has been filed, a transfer petition can be filed in the Supreme Court with the help of a transfer petition lawyer in Delhi.
- If there is a possibility of bias or prejudice in the court where the case is currently being heard, a divorce case transfer petition can be filed in the Supreme Court to transfer the case to a different High Court and we can easily handle this case because Aman Chawla is the best transfer petition lawyer in Delhi.
- If you have moved to a different state since you filed your divorce case transfer petition and your new address is within the jurisdiction of a different, you may be able to request a transfer petition in the Supreme court.
- If the wife is having a minor child and she cannot travel with the minor child, there the transfer petitioner lawyer can help you to make the case transfer from one state to another.
- If the distance between the two courts is major, which means above 200 km and the direct mode of communication is not available then also transfer petition can be filed to seek a Divorce case transfer.
- If elderly of the house is bed ridden or seriously ill, you are the person who can take care of that person, on this ground also a person can file for a transfer petition in the supreme court.
What process do I have to follow to transfer the divorce case?
Transferring divorce cases from one state to other would be a challenging task while for that you need to engage the
best transfer petition lawyer in Delhi to easily
transfer petition in Supreme Court. It can be done under Section 25 of the Code of Civil Procedure (CPC) in India. Aman Chawla is the
best lawyer for transfer petition in Delhi. Who can deal with transfer petition from a long period of time and have a vast experience in dealing with complex transfer petition in supreme court.
Conclusion
The Supreme Court is having broad powers to transfer divorce cases from one state to another under Section 25 of the Civil Procedure code. So, if you are indulging in a
divorce case transfer petition and you are looking for the
best divorce transfer petition lawyer in Delhi to sort out your case in Supreme Court then
Advocate Aman Chawla is the best option for you.