Transfer petition in Supreme court

The transfer petition is a legal remedy available to parties in a court case to seek a transfer of their case from one court to another. In matrimonial cases, where disputes arise between couples, the transfer of the case may become necessary due to various reasons such as the convenience of the parties, security concerns, or bias of the local court. In such cases, the parties can file Supreme Court transfer petition seeking a transfer of the case to a more suitable court. To file a transfer petition in the Supreme Court, it is essential to engage a matrimonial lawyer who has extensive experience in handling such cases. The Matrimonial Lawyer firm provides best transfer petition Lawyer in Delhi to drafting and filing the petition and representing the parties before the Supreme Court.

The Supreme Court transfer petition can be filed under Article 139A of the Constitution of India or Section 25 of the Code of Civil Procedure, 1908. The petition should be supported by affidavits of the parties and should contain details of the case, the grounds for seeking transfer, and the proposed court where the transfer is sought.

Section 25 of the CPC and supreme court rule

Section 25 of the Code of Civil Procedure authorizes the Supreme Court to refer actions, appeals, 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. increase. This power may be exercised by the Supreme Court if it determines that an order under this Section is proper for judicial purposes. Therefore, the Supreme Court is given broad powers to order surrender if it deems the ends of justice necessary.

In the case of Dr. Subramaniam Swamy v. Ramakrishna Hegde, the Court held and commented that the most important factor for the transfer of the case under Article 25 of the Civil Procedure Code must be the request of justice. It is argued that the mere convenience of the parties or of one of them may not be sufficient to exercise power, but it would even have to be demonstrated that a trial at the chosen forum could lead to a disqualification. deny justice. The court further ruled that if ending, request it and the petition transfer is required, you should not hesitate to transfer the case. The right of dominus litis to choose the forum and consider the suitability of the claimant, etc. cannot overshadow the demands of justice. Justice must be served at all costs; if necessary, by transferring the case from one court to another.

Supreme Court Rules, 2013: The rules provide the procedure for filing transfer petition in the Supreme Court. The petition must be accompanied by an affidavit, copies of the relevant documents, and a fee as prescribed by the court.

Principles for transfer of cases: The Supreme Court has laid down certain principles for the transfer of cases, such as the convenience of the parties, the location of witnesses and evidence, and the need to avoid conflicting judgments. The court will consider these principles while deciding whether to transfer a case.

Discretion of the Supreme Court: The Supreme Court has the discretion to decide whether to transfer petition or not, and its decision is final. The court will consider all the relevant factors and decide in the interests of justice.

The laws related to transfer petition to the Supreme Court provide a framework for parties to seek the transfer of a case from one court to another, in the interests of justice. The process can be complex and it is advisable to seek the help of a competent and best transfer lawyer in Delhi.

  Ground for wife to apply for transfer petition in civil provision

• 
  
  • 
    
    • Duetolongtraveldistancesfromonestateto
    
    

• 
  
  • 
    
    • Tobiasorinfluenceacourt'sdecision
    
    

• 
  
  • 
    
    • Uncooperativepolicebehaviourinthisstate
    
    

• 
  
  • 
    
    • Witnesseswholiveinanother
    
    

How a Husband Can Defend Against His Wife's transfer petition

• 
  
  • 
    
    • A husband can claim that he is willing to cover all his wife's travel expenses from one state to another. In this case, the court can look into his request not to forward the case.
    
    

• 
  
  • 
    
    • The court may also consider whether the husband has elderly parents or young children to care for at home.
    
    

Ground for a wife to apply for a transfer in a criminal case

• 
  
  • 
    
    • Witness of protection and safety
    
    

• 
  
  • 
    
    • Evidence of previous attacks on wife
    
    

• 
  
  • 
    
    • Strong political affiliation with other parties that may seek to cover up evidence
    
    

For those, who are looking for divorce transfer petition in Supreme court then you are at best platform. We have the best transfer petition lawyer in Delhi, under Aman Chawla, who can easily involve and process all the legal procedure in very short time.