How to File a Transfer Petition in Supreme Court ?
& Get Your Marriage Dissolved in the SAME Case Under Article 142 (Even If Marriage Was Never Properly Solemnised)
By Legal Light Consulting – LLC Lawyers | Supreme Court Matrimonial Specialists Educational content only – not legal advice
Latest Supreme Court Clarification (2024–2025)
A Hindu marriage is NOT complete just because you have a marriage certificate under Section 8 HMA. The Supreme Court has again held:
- Section 7 HMA is mandatory → Marriage is valid only when solemnised with customary rites & ceremonies (including saptapadi in most communities).
- A certificate under Section 8 is only proof – it does NOT make an invalid marriage valid.
- If saptapadi and proper rituals were never performed → the marriage is legally incomplete.
BUT here’s the game-changer for 2025: Even if the marriage was never properly solemnised, the Supreme Court is regularly dissolving such “half-marriages” under Article 142 in Transfer Petitions itself — treating them as irretrievably broken relationships.
Step-by-Step: File Transfer Petition → Get Full Divorce in Supreme Court (2025 Fast-Track Route)
| Step | What We Do for You | Time Frame (2025) |
|---|---|---|
| 1. File Transfer Petition (Civil) | Transfer divorce/DV/498A case from any court in India to Supreme Court or desired court | Same-day filing |
| 2. Add Interlocutory Application (I.A.) | Prayer 1: Dissolve marriage under Article 142 (irretrievable breakdown) | |
| Prayer 2: Declare marriage null & void ab initio (no proper solemnisation u/s 7) | ||
| Prayer 3: Full & final alimony + stridhan settlement | ||
| 3. File 25–30 page affidavit | Prove: No saptapadi → no proper marriage + long separation + bitterness + failed mediation | |
| 4. Urgent listing | Matter listed within 2–6 weeks | |
| 5. Final hearing | Supreme Court dissolves the relationship in 1–3 hearings + settles everything | 3–10 months total |
Result: You walk away with a Supreme Court decree that ends the marriage forever — no need to fight for years in family court.
FAQ – Transfer Petition + Article 142 Divorce When Marriage Was Not Properly Solemnised
We only did court registration, no saptapadi. Is it a valid marriage?
No — Supreme Court says marriage is incomplete without customary rites (Section 7 HMA).
Can Supreme Court still dissolve it under Article 142?
Yes — even incomplete marriages are dissolved daily under Article 142 to prevent injustice.
Do I have to prove the marriage is invalid first in family court?
No — Supreme Court does it directly in Transfer Petition.
Will I still have to pay permanent alimony if marriage was invalid?
Yes — Supreme Court treats it as a relationship in the nature of marriage and grants reasonable lump-sum (₹15 lakh – ₹3 crore depending on facts).
My wife is claiming ₹5 crore saying we are married for 10 years.
We prove no valid marriage + long separation → amount usually reduced to ₹30–80 lakh.
Can this be done for NRI couples too?
Yes — 100% online filing + no personal appearance + settlement in foreign currency.
NRI FAQ: How to Get Divorce in Supreme Court of India Through Transfer Petition + Article 142 (2025 Latest)
By Legal Light Consulting – NRI Matrimonial Cell | Supreme Court Experts Educational content only – not legal advice
I am NRI (USA/Canada/UK/Dubai). My divorce case is pending in some family court in India. Can I get the divorce completed directly in Supreme Court?
Yes – 100%. File a Transfer Petition (Civil) and pray for dissolution of marriage under Article 142(1) of the Constitution. The Supreme Court dissolves the marriage in the same case instead of transferring it anywhere.
Do I have to come to India even once?
No. We get permanent exemption from personal appearance + all hearings on video conferencing.
My wife is refusing mutual consent divorce. Will Article 142 still work?
Yes. Supreme Court regularly grants divorce even if one spouse is strongly opposing, provided the marriage is irretrievably broken (separated 6–7+ years, bitterness, criminal cases, failed mediation).
How long does it take for NRIs in 2025?
Urgent listing → 2–6 weeks Final divorce decree → 3–12 months (many childless cases finished in 3–4 hearings)
What exactly do we file in Supreme Court?
One Transfer Petition (Civil) + one Interlocutory Application containing 4 prayers:
Transfer the case to Supreme Court
Dissolve marriage under Article 142 on ground of irretrievable breakdown
Fix full & final permanent alimony + stridhan
Quash all criminal cases (498A/DV/Dowry) if wife gives no-objection after settlement
We have a child. Is Article 142 still possible?
Yes. Custody usually remains with mother in India, but father gets:
4–6 weeks summer + 2–3 weeks winter holidays abroad every year
Daily video calls
Full education + medical fund deposited in child’s name
Will LOC/Red Corner Notice be removed?
Yes – in the same final order, Supreme Court directs MHA/Interpol to delete your name immediately.
My parents/sister are also accused in 498A. Will they get relief?
Yes – entire FIR is quashed for all family members in one go.
What documents do I send from abroad?
Only 4 documents (notarised + apostilled):
Special Power of Attorney
Detailed 25–30 page affidavit
Last 3 years salary slips/ITR/bank statements
Passport & visa copy
I already have a foreign divorce decree. Can Supreme Court recognise it and close Indian cases?
Yes – we file Transfer Petition + prayer under Article 142 + Section 13 CPC for recognition of foreign decree + quashing of all Indian cases.
Wife is demanding ₹10–15 crore. Will the Court force me to pay that much?
No. Supreme Court decides reasonable amount after seeing actual income & lifestyle. Demands above ₹4–5 crore are routinely reduced.
Can the wife file new cases after Supreme Court decree?
No. The order clearly says “all claims past, present and future are settled forever”.
Is this cheaper and faster than fighting in family court + High Court for 8–10 years?
Yes – NRIs save ₹5–15 crore in legal fees, travel, lost wages and mental harassment.
Ready to finish your Indian divorce in one Supreme Court order? Contact Legal Light Consulting – NRI Supreme Court Cell 500+ successful NRI Article 142 divorce + settlement cases (2023–2025)
24×7 NRI Support (USA | Canada | UK | Dubai | Singapore | Australia)
✆ WhatsApp/Call: +91-9999641341
✉️ nri.divorce@legallightconsulting.com
🌐 www.legallightconsulting.com/nri
End your incomplete marriage with one Supreme Court order — no more running to family courts. Contact Legal Light Consulting – LLC Lawyers We have dissolved 300+ such “incomplete marriage” cases via Transfer Petition + Article 142 route in 2023–2025.
