Section 25 CPC
Divorce, maintenance, child custody, restitution of conjugal rights and other civil matrimonial matters between different states.
Supreme Court · Section 25 CPC · Section 446 BNSS
Transfer Petition Lawyer in Delhi Supreme Court Case Transfer.
Expert legal help for filing and opposing transfer petitions before the Supreme Court under Section 25 CPC and Section 446 BNSS. We assist clients across India in matrimonial, maintenance, custody, 498A, domestic violence, and connected proceedings.
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Transfer Matters
Transfer Petition in India
What Is a Transfer Petition? Complete Guide.
A transfer petition is a formal legal application filed before the Supreme Court of India requesting transfer of a pending matrimonial case from a court in one state to a court in another state.
Section 446 BNSS
Criminal matrimonial matters including 498A, domestic violence and dowry-related proceedings.
Gender-Neutral Remedy
Both husband and wife can file. Courts examine genuine inconvenience, practical hardship, balance of convenience, and the ends of justice.
Important Distinction
A Supreme Court transfer petition is required only where the two courts are in different states. If both courts are within the same state, the appropriate remedy is before the concerned High Court under Section 24 CPC or Section 447 BNSS.
01 / Who Can File
Husband, Wife, or Either Party.
The widespread perception that only wives can file — or that the Supreme Court always favours the wife — is legally incorrect. Both spouses have an equal right to file a transfer petition.
Rohit Kapoor v. Ketaki Malhotra
T.P.(C) Nos. 2674–2675 of 2025
A Division Bench allowed a husband's transfer petition after considering the husband's location in Noida, the wife's location in Gurugram, and a connected case already pending at Gurugram. The decision reinforced that transfer is not automatic in favour of one gender and must be decided on practical considerations.
Practical Takeaway
- Both husband and wife can file.
- Genuine material inconvenience must be shown.
- Gender alone does not determine the result.
- Connected cases and witness location matter.
02 / Legal Basis
Section 25 CPC, Section 446 BNSS & Article 139A.
Civil Transfer
Section 25, Code of Civil Procedure, 1908
The primary provision for civil matrimonial matters — including divorce, maintenance, custody and restitution of conjugal rights. It empowers the Supreme Court to transfer a case from one state to another.
Criminal Transfer
Section 446, Bharatiya Nagarik Suraksha Sanhita, 2023
Governs criminal case transfers, including 498A/BNS matters, domestic violence criminal proceedings and dowry cases.
Constitutional Power
Article 139A(2), Constitution of India
Used in exceptional cases involving substantial questions of law of general public importance.
2024 Legal Update
From 1 July 2024, criminal transfer petitions should cite Section 446 BNSS, not the repealed Section 406 CrPC. Prior transfer precedents under Section 406 CrPC continue to apply.
03 / What Courts Accept
Valid Grounds for Transfer.
Wife residing with parents in another state with no independent means to travel.
Small children in custody making repeated travel a genuine hardship.
Connected cases pending in another state, making consolidation more efficient.
Genuine safety concerns, harassment or intimidation at the original forum.
Medical conditions preventing regular travel, supported by medical records.
Both parties and material witnesses residing near the proposed transferee court.
Balance of convenience clearly favouring the new location.
04 / What Courts Reject
Grounds That Often Do Not Succeed.
General inconvenience of travel without specific hardship.
Financial incapacity alone, where travel expenses can be directed to be paid by the other side.
Being a woman, by itself, without further hardship.
Territorial jurisdiction objections that should first be raised before the original court.
Filing only as a delay tactic after substantial proceedings have already taken place.
Cases where video conferencing adequately resolves only the interim attendance issue.
Rejection Precedents
Landmark Cases Where Transfer Was Refused.
Gargi Konar v. Jagjeet Singh
The Supreme Court rejected financial dependence and general hardship as sufficient by themselves, instead directing payment of travel and stay expenses.
Delma Lubna Coelho v. Edmond Clint Fernandes
The Court found no sufficient hardship where the petitioner had Canadian permanent residency, international travel capacity, and had already participated virtually.
05 / Supreme Court Procedure
Step-by-Step Filing Procedure Before the Supreme Court.
Step One
Engage an Advocate on Record
Only an Advocate on Record can file matters before the Supreme Court. Your drafting counsel prepares the matter while the AOR manages filing and court appearance.
Step Two
Draft the Transfer Petition
The petition includes the synopsis, list of dates and events, transfer petition with prayer clause, and supporting affidavit.
Step Three
Filing & Defect Removal
The AOR files the matter before the Supreme Court Registry. Registry defects must be removed before the case receives its final transfer petition number.
Preliminary Hearing
Ex-Parte Listing & Notice
The matter is initially listed before a bench. The Court may issue notice, grant interim stay of the original proceedings, or dismiss the petition if no sufficient case is shown.
Final Hearing
Reply, Mediation & Final Arguments
After notice, the respondent files a reply affidavit. The Court may refer the matter to mediation before hearing final arguments.
Final Order
Order & Post-Transfer Compliance
If transfer is allowed, certified copies are obtained and filed before the original and transferee courts for record transmission and continuation of proceedings.
06 / Documentation
Documents Required for Filing.
Mandatory Documents
- Written petition with synopsis and list of dates
- Affidavit sworn and notarised by the petitioner
- Certified copy of the pending case and orders
- Proof of current address
- Vakalatnama authorising the AOR
If Applicable
- Medical records supporting health-based hardship
- Children's school records or custody orders
- Documents showing connected cases
- FIRs, complaints or orders supporting safety concerns
07 / Typical Timeline
How Long Does a Transfer Petition Take?
Drafting, Filing & Case Number
Petition drafted, Registry defects removed, and case number assigned.
Preliminary Hearing — Notice Issued
First hearing before the bench; notice may be issued and interim stay considered.
Service & Reply Affidavit
Respondent receives notice, engages counsel and files a response.
Mediation & Final Arguments
Mediation may be attempted. If unresolved, final arguments are heard.
Certified Copy & Record Transfer
Records move from the original court to the transferee court and proceedings resume from the same stage.
Uncontested Petitions
Where the respondent does not oppose, an order may be passed as early as 2–6 weeks from the preliminary hearing. Contested petitions involving mediation may take up to 12 months.
08 / Recent Authorities
Key 2024–2026 Judgments You Must Know.
Rohit Kapoor v. Ketaki Malhotra
Husband's Transfer Petition AllowedThe Court considered both parties' locations and a connected case already pending at Gurugram, allowing transfer on balance-of-convenience grounds.
Rinku Baheti v. Sandesh Sharda
Article 142 Relief Within Transfer ProceedingsDemonstrates that in exceptional cases the Supreme Court can invoke Article 142 within transfer proceedings to grant complete matrimonial relief.
Santhani v. Vijaya Venkatesh
Video Conferencing Is Not Always a SubstituteTransfer cannot be denied solely because video conferencing is technically available, especially in matrimonial proceedings requiring meaningful personal participation.
M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.
Section 406 CrPC Precedents Continue Under Section 446 BNSSThe Supreme Court clarified continuity between the old Section 406 CrPC and Section 446 BNSS.
Position in 2026
Video Conferencing vs. Transfer They Are Not the Same Remedy.
The Santhani principle remains important: a transfer petition cannot be rejected merely because video conferencing is available.
Courts may use VC pragmatically for interim hearings and mentioning stages, but physical attendance, reconciliation efforts, evidence and overall hardship remain relevant in final transfer decisions.
10 / Post-Order
What Happens After a Transfer Petition Is Allowed?
Obtain Certified Copy
Obtain a certified copy of the Supreme Court transfer order from the Registry.
File Before Original Court
The original court records the transfer order and sends the full case record to the transferee court.
Appear Before Transferee Court
The transferee court assigns a new case number. Proceedings continue from the exact stage where they stopped.
Recall Application if Necessary
Where a transfer order was passed ex-parte without proper service, the respondent may seek recall after learning of the order.
11 / Frequently Asked Questions
Questions Clients Ask Before Filing.
Can a husband file a transfer petition?
Yes. Both husband and wife can file. The Court considers genuine hardship, balance of convenience, location of connected cases, and the ends of justice — not gender alone.
Is a stay automatic when the petition is filed?
No. Stay must be specifically sought. Filing a transfer petition does not automatically suspend proceedings in the original court.
What is the difference between Supreme Court and High Court transfer?
Inter-state transfers are sought before the Supreme Court. Transfers between courts within the same state are ordinarily sought before the concerned High Court.
Can 498A or domestic violence proceedings be transferred?
Criminal matrimonial proceedings may be transferred under Section 446 BNSS, subject to the facts and jurisdictional requirements.
How long does a transfer petition take?
Contested matters typically take around 3–12 months. Uncontested matters may be resolved considerably faster.
Does the case start fresh after transfer?
No. The transferred matter continues from the same procedural stage at which it was pending before the original court.
Can the Supreme Court itself grant divorce?
In exceptional cases, the Supreme Court may invoke Article 142 to grant complete matrimonial relief, including dissolution of marriage.
Full Practice Scope
Complete Matrimonial Law Coverage in Delhi.
01
Divorce Lawyer
Contested & uncontested divorce
02
Mutual Consent Divorce
Fast, amicable dissolution
03
NRI Divorce
Cross-border matrimonial law
04
Child Custody
Sole, joint, interim & NRI custody
05
Maintenance & Alimony
Interim & permanent maintenance
06
Domestic Violence
Emergency protection & relief
07
Section 498A
FIR quashing & trial defence
08
Transfer Petition
Supreme Court case transfer
Need Urgent Help?
Transfer Proceedings Often Need Fast Action.
Phone / WhatsApp
+91-8076836899
Email
info@thematrimoniallawyers.com
Forum
Supreme Court of India
Typical Timeline
3–12 Months