How do I Hire Divorce Lawyer Delhi For A Transfer Petition Filed In The Supreme Court: Divorce Lawyer Delhi For A Transfer Petition Filed In The Supreme Court by LLC Lawyer
Transfer petition in matrimonial cases : Matrimonial cases may also include disputes like- domestic violence which can be transferred by filling a transfer petition before Hon’ble Supreme Court of India.
When a husband files a divorce case or any proceeding relating to marriage against his wife then mostly the case goes to the court of the place where he is residing.
It becomes hard for the wife if she is residing at her paternal house to bear the expense of traveling or because of her minor child therefore, she can file a transfer petition on such grounds.
The court usually considers it fit to grant the transfer with transfer petition lawyer in Delhi.
Section 25 of the Code of Civil Procedure provides that the Honorable Supreme Court retains power to transfer any case, appeal or any other proceedings from a High Court or a Civil Court in a certain state to a High Court or a Civil Court in other states.
The Honorable Supreme Court may exercise this power if it is satisfied that the same expedites justice.
Why choose legal light consulting lawyers for transfer petition in Delhi?
Our advocate lawyers in Delhi can help you to file a petition before Supreme Court of India so that you can transfer your case in the state of your preference and convenience.
In cases like divorce or domestic violence, women suffer the most and therefore it becomes hard for them to travel to the other state.
In such cases, our transfer petition lawyers in Delhi who have a good law practice and are well aware about the laws can help for filing a transfer petition
When Is A Transfer Petition Filed In The Supreme Court?
A wife can file a transfer petition in the Supreme Court if her husband files the divorce petition in the state where they married while the wife has shifted to reside in her paternal home in another state.
The Supreme Court doesn’t always favor the wife, and the husband can counter the allegations and protect himself from being harassed.
If the wife claims that she has a minor child, the court can direct the grandparents to look after the child while she is away for the case proceedings. On this ground the transfer petition can be denied in favor of the husband.
If the wife claims that she had to cover long distances for the case proceedings, the husband is given the option to pay for 2nd class AC tickets for the wife to travel.
If the wife says that her life is threatened hence she cannot travel long distances, she has to provide tangible evidence in the court.
If the husband is responsible for child custody, he is more likely to get decision on a transfer petition in his favor.
How To Draft A Transfer Petition?
Summary: You are required to outline a short and simple synopsis of your case. The summary should be crisp as well as to the point. It should relate only to the facts which form the grounds for transfer of the case.
Case details: You are required to pen down necessary details of the case.
Prepare the ground: You have to specify the grounds on which you seek transfer of the case. Some common grounds are mentioned below.
- Fear of prejudice in a given jurisdiction.
- Threat to life.
- Medical grounds.
- Ailing or old parents.
- Financial difficulties.
WHERE A TRANSFER PETITION CAN BE FILED?
Transfer petition can be filled either at the High Court or at Supreme Court. If a case is required to be transferred within a state then High Court of that state but if it is interstate then the Supreme Court.