Transfer Petition

TRANSFER PETITION LAWYER IN DELHI

Referring to the transferring of a case from an existing court to a court of another state, Transfer Petition in Supreme Court can be filed by the Respondent party in a divorce case instituted by the other partner. The transfer is filed for the convenience of the party and is presented as a written application to the Hon’ble Supreme Court of India.

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)

WHERE CAN A TRANSFER PETITION BE FILED?

A transfer petition can be filed either at the High Court or at the Supreme Court. For a case that is required to be transferred within a state, the petition is to be filed at the High Court and if the case is to be transferred interstate, then the petition must be filed at the Supreme Court.

HOW TO FILE A TRANSFER PETITION?

The transfer petitions are filed under Section 25 of the Code of Civil Procedure. Our expert transfer petition advocate in Delhi NCR will guide you through the entire process. After the transfer petition application has been filed and heard upon, the Supreme Court if satisfied can transfer the case to the court in the desired state or district of the applicant under the provisions of Section 25 of the Code of Civil Procedure.

WHY CHOOSE MATRIMONIAL LAWYERS FOR TRANSFER PETITION IN DELHI?

Respecting the complexities of a legal system and having an innovative approach to navigate through the same, the expert transfer petition lawyer in Delhi from The Matrimonial Lawyers offer the best assistance in filing a petition before the Supreme Court of India for the case to be transferred to the place of your preference and convenience.