Transfer Petition in Supreme Court

When a legal case is filed in one state in India, there may be circumstances where it becomes necessary to transfer the case to another state. This can happen for various reasons, such as convenience of the parties or witnesses, jurisdictional issues, or other reasons. In such cases, a transfer petition can be filed to request the transfer of the case to another state with the help of best transfer petition lawyer. Cases involving Matrimonial Disputes can only be transferred from one state's court to another state's court via a transfer Petition, which can be filed by either party to the case before the Supreme Court of India. Transfer Petition is filed under Section 25 of the Code of Civil Procedure, which states that the Supreme Court of India has original jurisdiction to transfer a civil case involving a Matrimonial Dispute based on the facts of the case and the circumstances of the parties, and if such transfer is expedient for the ends of justice. The High Court may exercise similar powers when the transfer of a case from one court to another is requested within any state in which the relevant High Court has jurisdiction.<>

  Divorce Case Filing Jurisdiction

Every petition under Section 19 of the HMA may be filed with the District Court (family courts) within whose ordinary civil jurisdiction:

1. The marriage was solemnised


2. The respondent resides at the time of the petition's presentation


3. The parties to the marriage last resided together


4. If the wife is the petitioner, where she is residing on the date of the suit's presentation <br>


5. The petitioner resides if the respondent is outside the territory to which the Act applies or has not been heard for 7 years.

Ground for submitting a Petition transfer request

1. When the wife has custody of a child under a certain age.
2. When the wife is unable to travel due to serious illness, disability, etc.
3.If the wife has also filed a lawsuit in the municipality where she has submitted a moving-out notification.
4.If one of the spouses presents convincing evidence that there is a serious threat to the location of the principal hearing.
5.Neither party objects to such assignment.
Law related to file transfer petition

If you are looking to file a transfer petition in India, particularly for a divorce case, it is important to seek the help of the best transfer petition lawyer. The matrimonial Lawyer is the best divorce lawyer firm run by Aman Chawla help to transfer petition in supreme court with recognizing several laws and provisions in India that deal with the transfer of cases from one court to another. Some of the key laws and provisions related to case transfer are as follows:

Code of Criminal Procedure, 1973: Section 406 of the Code of Criminal Procedure, 1973 (CrPC) deals with the transfer of criminal cases from one court to another court within the same state. Section 407 deals with the transfer of criminal cases from one High Court to another High Court.

Code of Civil Procedure, 1908: Section 24 of the Code of Civil Procedure, 1908 (CPC) deals with the transfer of civil cases from one court to another court within the same state. Section 25 deals with the transfer of civil cases from one High Court to another High Court.

Indian Penal Code, 1860: The Indian Penal Code (IPC) does not contain any specific provisions related to case transfer. However, in some cases, the transfer of a criminal case may be sought on the grounds of the convenience of the parties or witnesses, or due to jurisdictional issues.

Transfer of Property Act, 1882: The Transfer of Property Act, 1882, deals with the transfer of property from one person to another. It contains provisions related to the transfer of immovable property such as land, buildings, and apartments.

The Code of Criminal Procedure and the Code of Civil Procedure contain provisions related to the transfer of cases within the same state or between High Courts. The Indian Penal Code does not contain any specific provisions related to case transfer, but in some cases, the transfer may be sought on the grounds of convenience or jurisdictional issues.

Transfer of Matrimonial dispute under Section 25

Section 25 of Code of Civil Procedure (CPC) addresses about the power of Supreme Court to transfer suits on the operation of any party. However, it can direct that any suit, appeal or other proceedings be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State, If the Supreme Court is satisfied that an order under this section is advisable for the ends of justice.  In dismissing any operation under this section, the Supreme Court may, if it's of opinion that the operation was frivolous or vexatious, order the aspirant to pay compensation to any person who has opposed the operation. The law applicable to any suit, appeal or other pacing transferred under this section becomes the law which the court in which the suit, appeal or other proceeding was firstly introduced ought to have applied to similar Suit, appeal or proceeding.  The Supreme Court has also been conferred with the power by the Constitution under Article 139A (2) to transfer the cases and has also been conferred statutory governance to transfer the cases. The rules are formulated consequently. The court has the power to grant a Transfer Petition request or deny a prayer, taking into account the graces of the case and the satisfaction of the court. While to deal with cases you need best transfer petition lawyer in Delhi to transfer petition in supreme court.

Transfer of marital disputes according to the section 406

Section 406 of the Code of Criminal Procedure (CrPC) gives the Supreme Court the power to transfer criminal cases with the help of best transfer petition lawyer in Supreme Court and appeals not concluded in a higher court to another higher court, or to have equivalent powers from a criminal court subordinate to a higher court. It gives the authority to transfer to another criminal court. A higher jurisdiction, that of another subject of the Supreme Court. The Supreme Court shall act under this Section only on the request of the Attorney General or an interested party. If the application is dismissed under section 406 of the Code of Criminal Procedure, the Supreme Court may, if it is of opinion that the application was trivial or vexing order the applicant to pay by way of compensation to the respondent such total will not be exceeding Rs 1000.

The Bombay High Court in the Santosh Machindra Mulik v Mohini Mithu Choudhari case granted the wife's surrender request for transfer of a criminal case brought under section 12 of the Domestic Violence Act 2005 (DV Act). This petition was dismissed on the grounds that the Family Court did not have the power or jurisdiction to consider domestic violence cases filed under Section 12 of the Act. Article 26 of the Domestic Violence Act provides that, under several provisions of the Act, pending family court proceedings involving victims and respondents, whether those proceedings were commenced before or after enactment. It stipulates that legal remedies can be sought regardless. As far as the jurisdiction of this court is concerned, it cannot be said that the jurisdiction of the Family Court is lacking in such cases with respect to section 26 and other decisions of the court judgments upholding this jurisdiction.

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