Understanding Transfer Petition in the Supreme Court of India
A Transfer Petition in the Supreme Court of India is a legal remedy that allows an individual to request the transfer of a case from one State’s jurisdiction to another — for instance, from a Family Court in Pune to a Family Court in Delhi.
This provision is particularly relevant in matrimonial disputes, where one spouse (often the wife) faces genuine difficulty in attending proceedings at a distant location. The Hon’ble Supreme Court has discretionary powers to grant such transfers in the interest of justice, convenience, and fairness.
What is a Transfer Petition?
A Transfer Petition allows a party to request the Supreme Court of India to shift a case from one State’s court to another—for example, from Pune to Delhi.
This remedy is most common in matrimonial disputes, where one spouse faces hardship in attending a distant court.
Legal Basis for Transfer Petition
The filing of a Transfer Petition in the Supreme Court is governed by:
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Section 25 of the Code of Civil Procedure, 1908 (CPC) – empowers the Supreme Court to transfer any suit, appeal, or proceeding from one High Court or civil court in one State to another High Court or civil court in another State.
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Order XLI of the Supreme Court Rules, 2013 – lays down the procedure and formal requirements for such petitions.
This legal provision ensures equal access to justice and prevents undue hardship to litigants who may be unable to attend hearings in distant courts.
Common Grounds for Transfer
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Financial hardship or travel difficulty
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Health or safety concerns
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Childcare responsibilities
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Lack of independent income
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Convenience and fairness for both parties
Illustration (Sample Case Format)
PETITION FOR TRANSFER OF PROCEEDINGS UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE, 1908 AND ORDER XLI OF THE SUPREME COURT RULES, 2013
FOR TRANSFER OF PETITION UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955Being Petition No. ______ of ______ titled as Mr. ___________ vs. Mrs. ___________
From the Learned Family Court at (State of ________) to the Learned Family Court at (State of ________).
Example – Brief Facts for Understanding
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The Petitioner (Wife) and the Respondent (Husband) were married according to Hindu rites at ________ (State of ________). The marriage was an arranged marriage facilitated by their families.
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The couple resided together at ________ until ________, after which the Petitioner began living with her parents in ________ (State of ________).
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Subsequently, the Respondent filed a petition under Section 9 of the Hindu Marriage Act, 1955 (Restitution of Conjugal Rights) before the Family Court at ________, and the Petitioner seeks to transfer the proceedings to her current place of residence.
Grounds for Filing a Transfer Petition
Common grounds accepted by the Supreme Court for transferring cases include:
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Financial hardship due to long-distance travel.
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Safety and security concerns.
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Medical or health issues preventing travel.
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Childcare responsibilities.
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Lack of independent income or family support.
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Convenience of justice for both parties.
Procedure to File a Transfer Petition in Supreme Court
At Legal Light Consulting (LLC Lawyer), our expert team manages every stage of the filing process:
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Consultation and Legal Assessment – Evaluation of the facts and grounds for transfer.
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Drafting the Petition – Preparing the Transfer Petition with supporting affidavit and annexures.
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Filing Before the Supreme Court – Submission under Section 25 CPC and Order XLI of the Supreme Court Rules.
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Issuance of Notice – The Court issues notice to the opposite party to file a response.
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Hearing and Final Order – The matter is heard by the Bench, and if satisfied, the Court directs the transfer.
Documents Required for Filing Transfer Petition
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Copy of the case pending in the lower court.
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Marriage certificate (in matrimonial matters).
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Proof of residence of the Petitioner.
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Supporting affidavit explaining hardship or inconvenience.
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Power of attorney (Vakalatnama).
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Relevant evidence such as medical records or child documents, if applicable.
Why Choose Legal Light Consulting (LLC Lawyer)
At Legal Light Consulting, we offer end-to-end Supreme Court assistance in Transfer Petitions across India. Our experienced advocates ensure accuracy, timeliness, and strong representation.
We handle:
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Matrimonial and Family Law Transfers (Divorce, Custody, Maintenance)
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Civil and Property Case Transfers
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Criminal Case Transfers under Section 406 of Cr.P.C.
Our legal team ensures a strategic and smooth transfer process, safeguarding your convenience and rights.
Frequently Asked Questions (FAQ) – Transfer Petition in Supreme Court of India
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Who can file? Any party facing genuine hardship.
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Applicable laws: Section 25 CPC (civil) & Section 406 Cr.P.C. (criminal).
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Duration: Usually 2–6 months; urgent cases prioritized.
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Personal presence: Not required; counsel appears on behalf.
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Wife’s transfer petitions: Commonly allowed on valid grounds.
Q1. What is a Transfer Petition in the Supreme Court?
A Transfer Petition is a formal application requesting the Supreme Court to transfer a case from one State’s court jurisdiction to another, typically to ensure fairness and convenience for the parties involved.
Q2. Who can file a Transfer Petition in the Supreme Court?
Any party to a case—plaintiff, defendant, husband, wife, or accused—can file a Transfer Petition before the Supreme Court if they can demonstrate valid reasons such as hardship, distance, or safety concerns.
Q3. What is the difference between Section 25 CPC and Section 406 Cr.P.C.?
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Section 25 CPC applies to civil cases (e.g., matrimonial, property, or family disputes).
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Section 406 Cr.P.C. applies to criminal cases, allowing the Supreme Court to transfer criminal proceedings between states.
Q4. How long does it take to get a Transfer Petition decided by the Supreme Court?
The duration depends on the Court’s schedule and complexity of the case. Typically, it may take 2 to 6 months, but urgent petitions can be listed on priority.
Q5. Is personal presence required for filing or hearing the Transfer Petition?
No. The petitioner is not required to appear personally. The advocate-on-record or authorized counsel represents the client before the Supreme Court.
Q6. Can a wife transfer a divorce or matrimonial case to her city?
Yes. The Supreme Court often allows transfer of matrimonial cases in favor of the wife, especially when she demonstrates difficulty in attending proceedings in a distant court.
Q7. What documents are necessary for filing a Transfer Petition?
Documents such as the copy of the lower court case, marriage certificate, address proof, affidavit, and power of attorney are required along with any supporting evidence.
Q8. What happens after the Transfer Petition is allowed?
Once the Supreme Court grants the petition, the case file is transferred to the requested court jurisdiction, and both parties are notified. The proceedings continue from the stage they were at before transfer.
Q9. Can Legal Light Consulting assist NRIs or outstation clients?
Yes. LLC Lawyer offers specialized services for NRI clients and outstation litigants, handling the entire filing, documentation, and court representation process remotely.
Q10. How can I contact Legal Light Consulting for filing a Transfer Petition?
You can reach us via our helpline, official website, or email for a detailed consultation and professional filing service before the Supreme Court of India.
Contact Legal Light Consulting – LLC Lawyer
📍 Head Office: Delhi NCR
📞 Helpline: +91-99996441341
🌐 Website: www.legallightconsulting.com
✉️ Email: contact@legallightconsulting.com
