Transfer Petitions in the Supreme Court of India: Complete Guide

Transfer of Civil Cases Under Section 25 CPC (with XLI of the Supreme Court Rules)

Legal Provision

Section 25 of the Code of Civil Procedure empowers the Supreme Court to transfer:

• Any suit,

• Appeal, or

• Proceeding
  from one High Court or civil court in a State to another High Court or civil court in another State.

The Supreme Court may exercise this power whenever it is satisfied that an order of transfer is expedient in the interests of justice.

Key Features

• Applicable only for inter-state transfers.

• Intra-state transfers are handled by the respective High Courts.

• The Supreme Court’s discretion is broad and exercised in the “ends of justice”.

Purpose of Section 25 CPC

• To prevent prejudice to a party

• To ensure a fair and impartial trial

• To consolidate multiple related proceedings

• To eliminate logistical difficulties or hardships

• To ensure judicial efficiency

Consolidation of Multiple Petitions

In cases where similar or connected petitions are filed in different States, the Supreme Court may transfer one matter to another court to enable a combined or consolidated trial.

2. Transfer of Criminal Cases Under Section 406 CrPC (with Order XXXIX of the Rules)

Legal Provision

Section 406 of the Code of Criminal Procedure, 1973 authorizes the Supreme Court to transfer:

• A criminal case or appeal

• From one High Court to another High Court, or

• From a subordinate criminal court under one High Court to an equivalent or higher criminal court under another High Court.

Conditions for Transfer

The Supreme Court grants a transfer only when:

• There is reasonable apprehension of not receiving a fair trial

• There is bias, influence, or threat

• The subordinate court is not acting judicially

• Convenience of parties and witnesses strongly justifies transfer

• Public confidence in the justice system may otherwise be undermined

Mere inconvenience is not enough. A transfer requires a substantial justification.

3. Where Can a Transfer Petition Be Filed?

• High Court: For transfer of cases within the same State

• Supreme Court: For inter-state transfers of civil or criminal matters

4. How to File a Transfer Petition?

Transfer petitions are filed in compliance with Section 25 CPC (civil) or Section 406 CrPC (criminal).
A skilled Supreme Court practitioner assists with:

1. Drafting the transfer petition

2. Filing accompanying applications (IAs)

3. Preparing affidavits

4. Annexing certified copies of pleadings

5. Presenting oral arguments before the Court

Upon satisfaction, the Supreme Court may order the transfer of the case to the preferred court/district.

5. Why Choose Legal Light Consulting (LLC Lawyers) for Transfer Petitions?

• Extensive experience in Supreme Court procedures

• Expertise in matrimonial transfers, civil transfers, and criminal transfers

• Specialised drafting, filing, and argumentation assistance

• Strategic guidance on likelihood of success, risks, and costs

• Time-bound services with end-to-end support

6. Transfer of Matrimonial & Divorce Cases in the Supreme Court

Most matrimonial transfer petitions involve:

• Divorce proceedings

• Maintenance cases

• Child custody matters

• Domestic violence and 498A/406 IPC criminal matters

Who Can File the Transfer Petition?

Usually, the Respondent files a transfer petition in the Supreme Court.

Example:
If the wife files a divorce case in one city, the husband (respondent) may approach the Supreme Court seeking transfer—or vice-versa.

Common Grounds in Matrimonial Transfers

1. Financial hardship

2. Threat or safety concerns

3. Health issues or lack of family support

4. Long distance / travel inconvenience

5. Presence of a minor child

6. Denial of leave by employer

Important Judicial Observation

Presence of a minor child does not automatically justify transfer; the Supreme Court examines all circumstances holistically.

7. Documents Required for Filing a Transfer Petition

1. Transfer Petition

Containing:

• Party details

• Court where the case is pending

• Grounds and reasons for transfer

• Chronology of events

• Prayer for relief

2. Interlocutory Applications (IAs)

• Stay of proceedings

• Exemption from translation

• Permission to file additional documents

3. Affidavit

Sworn by the petitioner or a person acquainted with the facts.

4. Certified Copies

• Plaint / Written Statement

• Complaint / FIR (for criminal cases)

• Interim Orders

5. Supporting Material

Proof of:

• Hardship

• Inconvenience

• Bias or threat

• Medical or employment records

8. Transfer Petition (Criminal) in Matrimonial Disputes

Criminal transfer petitions may involve:

• Section 498A IPC

• Section 406 IPC

• Domestic Violence Act cases

• Criminal intimidation cases (Sec. 506 IPC)

Criminal transfers are more difficult because criminal proceedings involve public interest and societal concerns.

9. Categories of Transfer Petitions in the Supreme Court

1. Transfer Petition (Civil)
   – For civil, matrimonial, and family law matters

2. Transfer Petition (Criminal)
   – For criminal proceedings arising out of matrimonial disputes or otherwise

10. Additional Supreme Court Litigation Support by LLC Lawyers

• Special Leave Petitions (Civil & Criminal)
• Civil & Criminal Appeals
• Anticipatory Bail / Regular Bail
• Caveat Petitions
• Review and Curative Petitions
• Contempt Petitions
• Writ Petitions
• Arbitration-related applications
• International Arbitration matters

11. Grounds for Seeking a Transfer (General Grounds)

1. Lack of jurisdiction

2. Convenience of parties

3. Real apprehension of bias

4. Clubbing of multiple cases

5. Security concerns

6. Medical or financial hardship

7. Interest of justice

12. Transfer Petitions Across India – LLC Supreme Court Lawyers

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Transfer petitions are an essential judicial tool to ensure fair trial, convenience, impartiality, and justice. Whether the matter involves civil disputes, matrimonial conflicts, or criminal allegations, the Supreme Court and High Courts evaluate every petition with care, balancing the rights of both parties.

Legal Light Consulting – LLC Lawyer provides comprehensive support—from drafting to final hearing—to ensure the transfer petition is filed effectively and strategically.

Frequently Asked Questions (FAQ) – Transfer Petition in the Supreme Court of India

I. General FAQs on Transfer Petitions in the Supreme Court

1. What is a Transfer Petition in the Supreme Court?

A Transfer Petition is a legal request seeking the transfer of a case from one court to another. In India, the Supreme Court may transfer a civil or criminal case from one State to another to ensure fairness, convenience, and justice.

2. What is the legal basis for transfer of civil cases?

Civil cases are transferred under Section 25 of the Civil Procedure Code (CPC) read with Order XLI of the Supreme Court Rules.

3. What is the legal basis for transfer of criminal cases?

Criminal cases are transferred under Section 406 of the Code of Criminal Procedure (CrPC) read with Order XXXIX of the Supreme Court Rules.

4. Can the Supreme Court transfer cases within the same state?

No. Inter-state transfers can only be done by the Supreme Court.
Intra-state transfers (within the same state) are handled by the respective High Courts.

5. Who can file a Transfer Petition in the Supreme Court?

Any affected party in a case, usually the Respondent, may file a transfer petition, especially in matrimonial matters.

6. What types of cases can be transferred?

• Divorce cases

• Matrimonial disputes

• Civil suits (property, partition, commercial disputes)

• Criminal cases (498A, 406, DV Act matters)

• Appeals

• Writ petitions (in certain situations)

7. What are the common grounds for filing a transfer petition?

• Long travel distance

• Financial hardship

• Threats to life or safety

• Presence of minor children

• Health issues

• Lack of support/family

• Genuine apprehension of bias

• Clubbing of multiple cases pending in different states

8. What documents are required for a transfer petition?

• Drafted Transfer Petition

• Affidavit

• Copies of pleadings (plaint, WS, FIR, order sheets)

• Supporting evidence (medical records, employment letters, etc.)

• Interlocutory Applications (stay, exemption)

9. How long does the Supreme Court take to decide a transfer petition?

Typically 3–6 months, depending on urgency and court schedule.

10. Can the Supreme Court stay proceedings during the pendency of a transfer petition?

Yes. The Court may grant interim stay on the ongoing proceedings in the lower court.

11. Is transferring criminal cases more difficult than civil cases?

Yes. Criminal transfer petitions involve public interest and are granted only in exceptional circumstances.

12. Can a wife file a transfer petition in the Supreme Court?

Yes. Wives often file transfer petitions citing inconvenience, minor child, safety concerns, or lack of support.

13. Can a husband file for transfer of a divorce case?

Yes. If the husband is the Respondent or if the case is filed in an inconvenient or biased jurisdiction.

14. Are transfer petitions allowed for 498A/406 IPC cases?

Yes. Criminal proceedings arising from matrimonial disputes can be transferred under Section 406 CrPC.

15. Is personal appearance required before the Supreme Court?

Usually no. Your advocate can represent you. Sometimes the Court may ask for appearance through video conferencing.

II. State-Wise FAQs for Transfer Petition in the Supreme Court

1. Transfer Petition Lawyer in Andhra Pradesh – FAQ

Q: Can I transfer my divorce case from Andhra Pradesh to another State?

Yes. A Transfer Petition can be filed in the Supreme Court under Section 25 CPC or Section 406 CrPC.

Q: How long does it take to transfer a case from Andhra Pradesh?

Most transfers take 3–6 months depending on court schedule.

2. Transfer Petition Lawyer in Karnataka – FAQ

Q: Can I move my criminal case from Karnataka to Telangana?

Yes, under Section 406 CrPC the Supreme Court can transfer cases between States.

Q: Is a medical certificate useful for transfer?

Yes, health-related grounds are valid and often accepted.

3. Transfer Petition Lawyer in Maharashtra – FAQ

Q: Can matrimonial cases be transferred out of Mumbai or Pune?

Yes. Inter-state transfers require filing a petition before the Supreme Court.

Q: Will the Court consider inconvenience to children?

Yes, but minor child alone does not guarantee transfer.

4. Transfer Petition Lawyer in Tamil Nadu – FAQ

Q: What if my spouse filed a case in Tamil Nadu but I live in another State?

You can request transfer through the Supreme Court citing hardship or lack of support.

Q: Are Tamil Nadu High Court cases transferable?

Yes, only if the transfer is to another State.

5. Transfer Petition Lawyer in Uttar Pradesh – FAQ

Q: How to shift a case from UP to Delhi or other states?

You must file a transfer petition in the Supreme Court under Section 25 CPC.

Q: Does the Supreme Court allow transfer due to threats?

Yes, if supported by evidence.

6. Transfer Petition Lawyer in Delhi – FAQ

Q: Can a case be transferred from Delhi to another State through High Court?

No. Only the Supreme Court handles inter-state transfers.

Q: Can I get an urgent stay of proceedings?

Yes. Your advocate may file an IA for interim stay.

7. Transfer Petition Lawyer in Gujarat – FAQ

Q: Can the Supreme Court transfer my case from Ahmedabad to Jaipur or Mumbai?

Yes, depending on justification and supporting grounds.

8. Transfer Petition Lawyer in Punjab & Haryana – FAQ

Q: Is lack of family support a valid ground?

Yes. This is commonly accepted in matrimonial matters.

9. Transfer Petition Lawyer in Kerala – FAQ

Q: Can cases involving domestic violence be transferred?

Yes. Criminal as well as civil matrimonial matters can be transferred.

10. Transfer Petition Lawyer in Rajasthan – FAQ

Q: Can I request consolidation of multiple cases filed in different states?

Yes. Courts often transfer cases to one jurisdiction for joint trial.

11. Transfer Petition Lawyer in West Bengal – FAQ

Q: Does the Supreme Court consider language or cultural barriers?

These may be considered if they affect fair trial.

12. Transfer Petition Lawyer in Bihar – FAQ

Q: Can the Supreme Court transfer a 498A case outside Bihar?

Yes, subject to strong grounds like threats or bias.

13. Transfer Petition Lawyer in Odisha – FAQ

Q: Can I file a transfer petition if I shifted to another state after marriage?

Yes. Residence and convenience are key factors.

14. Transfer Petition Lawyer in Telangana – FAQ

Q: How to stop ongoing trial while the transfer petition is pending?

You can file for an interim stay in the Supreme Court.

15. Transfer Petition Lawyer in Madhya Pradesh – FAQ

Q: Can cases be moved from Indore/Bhopal to other states for convenience?

Yes, with proper justification.

III. City-Wise FAQs for Supreme Court Transfer Petitions

Below are universal FAQs applicable to every city mentioned (Delhi, Mumbai, Bengaluru, Chennai, Kolkata, Hyderabad, Jaipur, Lucknow, etc.). These can be repeated on city-specific pages.

1. How can I file a transfer petition from my city to another state?

You must hire a Supreme Court lawyer and file a Transfer Petition under Section 25 CPC / Section 406 CrPC.

2. Do I need to travel to Delhi for the hearing?

Generally NO. Your lawyer can represent you. Virtual appearance is possible if required.

3. What are the fees for filing a transfer petition?

Fees vary depending on the nature of the case (civil/criminal), documentation required, and complexity.

4. Can I transfer my case to my hometown for convenience?

Yes, if there is genuine hardship, health issues, or lack of support.

5. What are the success factors in a transfer petition?

• Strong documentary evidence

• Genuine inconvenience

• Proof of threats or bias

• Proper grounds under the law

6. Are women given preference in transfer petitions?

• Yes, but not automatically. Court examines:

  • Minor child

  • Safety

  • Financial hardship

  • Availability of support

This information only for educational purpose.