If you're facing a legal battle far from your place of residence, the Supreme Court of India offers a crucial remedy: filing a Transfer Petition. This legal tool allows a party to request the transfer of a case from one court to another to ensure convenience, fairness, and justice.

Whether it's a civil, criminal, or matrimonial dispute, the transfer petition in the Supreme Court of India serves as a powerful option for aggrieved litigants.

Types of Transfer Petitions in Supreme Court

There are two major types of transfer petitions filed in the Supreme Court:

• Transfer Petition (Civil)
  Filed under Section 25 of the Code of Civil Procedure (CPC) read with Order XLI of the Supreme Court Rules, 2013.
• Transfer Petition (Criminal)
  Filed under Section 406 of the Code of Criminal Procedure (CrPC) read with Order XXXIX of the Supreme Court Rules, 2013.

When Can You File a Transfer Petition?

Transfer Petitions are often filed in matrimonial disputes involving:

• Divorce proceedings
• Restitution of Conjugal Rights (RCR)
• Domestic Violence (DV)
• Section 498A IPC cases
• Maintenance claims
• Child custody matters
   

Typical Scenario:

A wife, abandoned or harassed, often finds it difficult to contest a case filed by the husband in a distant city. In such circumstances, she can file a transfer petition in the Supreme Court seeking to move the case to a court in her city for convenience and safety.
 

Important Case Law:

• Krishna Veni Nagam vs. Harish Nigam (2017)
  Initially encouraged video conferencing for matrimonial cases to avoid physical transfers.
• Santhini vs. Vijaya Venketesh (2017)
  Overruled the above decision. A three-judge bench led by CJI Dipak Misra reinstated the court’s power to physically transfer cases rather than insist on virtual hearings, recognizing the practical difficulties faced by many petitioners.
   

Grounds for Filing a Transfer Petition (Matrimonial Cases)

• Petitioner’s residence in a different city post-separation.
• Physical and financial hardship in traveling long distances.
• No support system or legal counsel in the original court’s jurisdiction.
• Safety concerns or threats by the opposing party.
• The intent of the opposing party to harass by choosing a distant jurisdiction.
   

Procedure to File Transfer Petition in Supreme Court of India

1. Drafting the Petition: Must include details of the case, grounds for transfer, jurisdictional elements, and prayers.
2. Annexure: Copy of the original case, notice/summons, and supporting documents.
3. Filing: Submit the petition before the Registrar of the Supreme Court.
4. Listing and Hearing: Upon preliminary scrutiny, the case will be listed before a bench for hearing.
5. Representation: It is advisable to engage a Supreme Court Advocate-on-Record (AOR).
    

Sample Format of a Transfer Petition (Civil)

IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)

Transfer Petition (Civil) No. of 20XX

IN THE MATTER OF:
[Petitioner Details]

VERSUS

[Respondent Details]

TRANSFER PETITION (CIVIL) UNDER SECTION 25 OF CPC READ WITH ORDER XLI OF THE SUPREME COURT RULES, 2013.

[Grounds for transfer, factual background, and prayer for relief]
    

Note: A well-drafted petition plays a critical role. Always consult a seasoned lawyer experienced in Supreme Court transfer petitions.
 

Frequently Asked Questions:

• Who can file a Transfer Petition in the Supreme Court?
  A: Any aggrieved party (wife, husband, complainant, or accused) in a civil or criminal case seeking convenience or safety.
   
• How long does it take to get a transfer petition decided?
  A: Depending on the urgency, it may take anywhere between 1-6 months, subject to court proceedings.
   
• Is legal representation mandatory?
  A: Yes. A Supreme Court AOR is required to file and argue the petition.
   
• What is the court fee for a transfer petition?
  A: The nominal court fee is usually Rs. 500, but legal consultation and AOR fees are separate.

Need Legal Help?
We specialize in filing Transfer Petitions in the Supreme Court of India. With 24+ years of experience, our team has successfully handled numerous civil, criminal, and matrimonial transfers.

Contact Us:
Office: Choudhury's Law Office, A-35, P3, Greater Noida, UP - 201310
Phone: +91 9650499965
Email: tapsash@gmail.com

 

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