Transfer Petition Process and Costs for NRI Matrimonial Cases

Transfer Petition Process and Costs for NRI Matrimonial Cases

Matrimonial litigation involving Non-Resident Indians (NRIs) often becomes complex due to multiple cases being filed in different courts across India. In such situations, a Transfer Petition before the Supreme Court of India becomes one of the most effective legal remedies to protect NRIs from harassment, forum shopping, and unnecessary hardship.

At Legal Light Consulting (LLC), we regularly represent NRIs before the Supreme Court in transfer petitions arising out of divorce, maintenance, custody, and criminal matrimonial disputes. This article explains the complete transfer petition process, timelines, and realistic cost structure, specifically tailored for NRIs.

What Is a Transfer Petition in Matrimonial Cases?

A Transfer Petition is an application filed before the Supreme Court of India under Section 25 of the Code of Civil Procedure, 1908, seeking transfer of matrimonial cases from one court to another when such transfer is necessary in the interest of justice.

For NRIs, transfer petitions are commonly used when:

• Multiple cases are filed by the spouse in distant or inconvenient jurisdictions

• Litigation is used as a tool of harassment

• The NRI spouse resides abroad and cannot attend multiple courts in India

• Consolidation of cases is required for fair adjudication

Detailed Procedure for Filing a Transfer Petition in the Supreme Court

Step 1: Case Assessment (Week 1)

Initial Consultation

At Legal Light Consulting, the process begins with a strategic case assessment, where we:

• Understand the complete matrimonial history

• Identify all pending cases (divorce, maintenance, custody, 498A, DV, etc.)

• Evaluate legal grounds for transfer

• Assess the likelihood of success based on Supreme Court precedents

• Provide clarity on costs, timelines, and risks

Documents Required

Clients are advised to provide:

• Marriage certificate

• Copies of all pending cases with case numbers and court details

• Summons/notices received

• Proof of NRI status (passport, visa, employment letter)

• Proof of matrimonial residence

• Chronological timeline of events

• Relevant communication records

Legal Analysis

Our Supreme Court team evaluates:

• Which forum is most convenient and just

• Whether litigation amounts to harassment

• Whether cases can be consolidated

• Whether transfer is essential to prevent misuse of process

Step 2: Drafting the Transfer Petition (Week 2–3)

Key Elements of the Petition

The transfer petition is drafted with precision and includes:

• Title: Before the Hon’ble Supreme Court of India

• Parties: Petitioner (NRI spouse) vs. Respondent

• Background: Marriage details, breakdown, separation

• Pending Cases: Complete list with case numbers and courts

• Grounds for Transfer, such as:

  • Multiplicity of proceedings

  • Harassment through litigation

  • Inconvenient and remote forums

  • Interest of justice

  • Need for consolidation

• Prayer Clause: Transfer to a specific court

• Verification: Supported by sworn affidavit

Supporting Affidavit

A detailed affidavit is filed covering:

• Personal and matrimonial history

• Separation details

• Litigation timeline

• Hardship faced due to current forum

• Reasons why the proposed court is appropriate

Annexures

All documents are indexed and annexed, including:

• Marriage certificate

• Copies of pending cases

• Summons/notices

• Proof of residence

• NRI documentation

Step 3: Filing the Petition (Week 3–4)

E-Filing (Preferred Method)

• Registration on Supreme Court e-filing portal

• Uploading scanned pleadings and annexures

• Online payment of court fees

• Receipt of diary number

Physical Filing (If Required)

• Submission of multiple hard copies

• Manual scrutiny by registry

• Issuance of diary number

Court Fees

• Filing fees: ₹2,000–₹5,000

• Process and miscellaneous fees

• Total court fees: ₹10,000–₹20,000 (approx.)

Step 4: Scrutiny, Numbering & Listing (Week 4–8)

The Supreme Court Registry scrutinizes the petition for defects.
Common defects include:

• Missing documents

• Improper service details

• Procedural non-compliance

Once defects are cured:

• Petition is numbered

• Listed for hearing

Step 5: Service of Notice on Respondent (Week 6–10)

The Supreme Court issues notice to the respondent through:

• Registered post

• Speed post

• Courier

• Personal service

If service is avoided, alternate methods may be permitted:

• Newspaper publication

• Email service (with court permission)

Proof of service is critical for further proceedings.

Step 6: Respondent’s Reply (Month 3–6)

The respondent may file a counter-affidavit opposing the transfer, alleging:

• No harassment

• Forum is appropriate

• Transfer will cause hardship

The petitioner then files a rejoinder affidavit rebutting false claims and clarifying facts.

Step 7: Hearings Before the Supreme Court (Month 6–18)

Hearings may involve:

• Mentioning for urgent listing

• Oral arguments by both sides

• Reliance on Supreme Court precedents

Key Considerations by the Court:

• Balance of convenience

• Matrimonial home

• Location of events

• Allegations of forum shopping

• Interest of children

• Practical difficulties faced by NRI spouse

Step 8: Supreme Court Order (Month 12–24)

Possible outcomes include:

1. Transfer Granted – cases moved to specified court

2. Transfer Refused – petitioner must defend original forum

3. Conditional Transfer – subject to conditions

4. Partial Transfer – only select cases transferred

Step 9: Implementation of Transfer Order (Month 24+)

• Supreme Court order communicated to lower courts

• Records transferred

• Proceedings resume in new court from existing stage

Legal Light Consulting’s Fee Structure for NRIs

Transparent & Predictable Pricing

Legal Light Consulting offers:

• Fixed-fee packages

• Milestone-based payments

• No hidden charges

Typical Transfer Petition Package

₹4,50,000 – ₹8,50,000, covering:

• Initial consultation & strategy

• Drafting of petition and affidavits

• Supreme Court filing

• Representation up to 3 hearings

• Coordination with lower courts

• Implementation support

Payment Schedule:

• 30% on engagement

• 40% on filing

• 30% on favorable order

Why NRIs Trust Legal Light Consulting

• Dedicated Supreme Court practice

• Extensive experience in NRI matrimonial litigation

• Strategic handling of harassment and forum shopping

• End-to-end support for overseas clients

• Clear communication, transparency, and results-driven approach

Legal Light Consulting (LLC) stands as a reliable legal partner for NRIs navigating complex matrimonial disputes before the Supreme Court of India, ensuring fairness, efficiency, and justice—regardless of geographical boundaries.