Filing Transfer Petitions and Divorce in the Supreme Court of India

Filing Transfer Petitions and Divorce in the Supreme Court of India

Educational Article by Legal Light Consulting (LLC Lawyer)

Section 7 – Solemnisation of Hindu Marriage

• A Hindu marriage becomes valid and binding only when solemnised in accordance with customary rites and ceremonies.
• Where saptapadi (seven steps around the sacred fire) is part of the ceremony, the marriage is complete upon the seventh step.
• Without proper solemnisation, a marriage certificate under Section 8 does not confer legitimacy.

Section 8 – Registration of Marriage

• Registration provides legal proof of marriage but does not itself validate a marriage unless solemnisation under Section 7 has occurred.
• Thus, solemnisation is a sine qua non (essential condition) for a valid Hindu marriage.

Institution of Hindu Marriage

• Hindu marriage is not merely a contract; it is a sacrament and samskara.
• It encompasses both material and spiritual aspects, recognising values of fraternity, equality, and dignity.
• It establishes the status of husband and wife in society, with a lifelong commitment to friendship, family, and mutual respect.
• The sanctity of marriage is meant to minimise breakdowns and divorces by reminding couples of its deeper values.

 Filing Transfer Petition and Divorce in Supreme Court

• Transfer Petition (Section 25 CPC): Parties may approach the Supreme Court to transfer matrimonial cases (such as divorce proceedings) from one state to another for convenience, fairness, or justice.
• Divorce under Supreme Court Jurisdiction: In cases of irretrievable breakdown of marriage, the Supreme Court may exercise its discretionary powers under Article 142(1) of the Constitution to dissolve the marriage, even if statutory fault‑based grounds are not proven.
• Key Considerations:
  • Proper solemnisation under Section 7 is essential for validity.
  • Registration under Section 8 provides proof but not legitimacy without solemnisation.
  • Custody, alimony, and welfare of children are considered before granting divorce.
  • Transfer petitions ensure cases are heard in a convenient and fair jurisdiction.

Transfer Petitions in the Supreme Court (Section 25 CPC)

A transfer petition allows the Supreme Court to shift ongoing matrimonial cases—such as divorce, custody, alimony, or maintenance—from one state to another. This ensures:

• Convenience for the parties

• Fairness of proceedings

• Avoidance of harassment

• Justice in cross-state matrimonial disputes

Transfer petitions are especially helpful when spouses live in different states or when one party faces genuine hardship attending a distant court.

Divorce Under Article 142(1) – Irretrievable Breakdown

The Supreme Court has the extraordinary power to dissolve marriages under Article 142(1), even when statutory grounds (cruelty, desertion, adultery) are not proven.
This is applied when:

• The marriage has irretrievably broken down

• Parties have lived separately for several years

• Reconciliation attempts have failed

• Custody and alimony matters are settled

The Court evaluates the welfare of children, financial capacity of parties, and overall circumstances before granting divorce.

NRI Divorce & Transfer Petitions

NRIs frequently file transfer petitions due to separate residences across countries or states. They may also seek divorce under Article 142 in cases of long-term separation, failed mediation, or cross-border disputes such as child custody or 498A/DV matters.

NRIs can file:

• Divorce under Article 142(1)

• Mutual consent divorce under Section 13-B

• Case transfers under Section 25 CPC

• Quashing of false FIRs or Look-Out Circulars

How Legal Light Consulting Helps

Legal Light Consulting (LLC Lawyer) offers expert support in:

• Supreme Court Transfer Petitions

• Article 142 Divorce Matters

• NRI Divorce Assistance

• Custody, Alimony & Maintenance Issues

• Guidance on Marriage Validity under Sections 7 & 8

Frequently Asked Questions (FAQ)

1. What is the importance of solemnisation under Section 7?

Marriage is valid only if solemnised with customary rites and ceremonies. Registration alone is insufficient.

2. Does registration under Section 8 make a marriage valid?

No. Registration provides proof but cannot confer legitimacy without solemnisation under Section 7.

3. What is the spiritual significance of Hindu marriage?

It is a sacrament, symbolising fraternity, equality, dignity, and lifelong companionship, not just a social event.

4. What is a transfer petition in matrimonial cases?

It is a request filed in the Supreme Court to transfer a case (such as divorce) from one court to another for convenience or fairness.

5. Can the Supreme Court grant divorce without proving fault?

Yes. Under Article 142(1), the Court can dissolve marriages on the ground of irretrievable breakdown, even if fault is not established.

6. What factors are considered before granting divorce in the Supreme Court?

• Length of separation
• Failed reconciliation attempts
• Custody and welfare of children
• Provision for alimony and maintenance
• Social and economic circumstances of parties

7. Why is marriage considered a sacrament in Hindu law?

Because it is a spiritual and social union, meant to purify individuals and establish dignity, equality, and fraternity.

8. How can Legal Light Consulting (LLC Lawyer) help?

LLC Lawyer assists clients in:

• Drafting and filing transfer petitions in the Supreme Court
• Handling divorce proceedings under Article 142(1)
• Ensuring proper consideration of custody, alimony, and maintenance
• Providing educational guidance on the sanctity and legal aspects of marriage

NRI Divorce in India – Supreme Court Transfer Petition & Article 142(1)