TRANSFER PETITION IN THE SUPREME COURT

When can we file the transfer Petition?

Transfer Petition in Supreme Court can be filed when the case is sought to be transferred from the Jurisdiction of one High Court to another jurisdiction of another High Court. For example, the Husband had instituted a divorce case in Pune while the wife is living in Delhi. A wife can approach the Hon’ble Supreme Court of India seeking the transfer of such a divorce case from Pune to Delhi.

Similarly, a transfer Petition can be filed in the High Court. High Court will have jurisdiction to transfer the case from one District to another District over which it has jurisdiction. For example,  the Husband had instituted a divorce case in Ghaziabad while the wife is living in Varanasi. A wife can approach the Hon’ble High Court of Allahabad seeking the transfer of such a divorce case from Ghaziabad to Varanasi.

Who can file the transfer petition in the Supreme Court of India in a matrimonial/divorce case?

Generally, it is the Respondent who files Transfer Petition in the Supreme Court of India. In a divorce case, if the wife had instituted a divorce case then the husband will be the Respondent. Thus, the husband can file the transfer petition in the Supreme Court.

Types/ categories of the transfer petition in the Supreme Court

Two types of Transfer Petitions that are filed in the Supreme Court:-

  • Transfer Petition Civil: As the name suggests, when civil cases are sought to be transferred, it is called Transfer Petition Civil
  • Transfer Petition Criminal: As again as the name suggests, when Criminal cases are sought to be transferred, it is called Transfer Petition Criminal.

Step by Step Procedure of the Transfer Petition in the Supreme Court

Step1:Party seeking transfer Petition has to file the transfer Petition. Transfer petitions can be civil or criminal.

Step2: Registry of the Supreme Court scrutinizes the transfer petition. After removal of defects, if any, the matter is listed before the Bench

Step3:Supreme Court upon hearing issues the notice to the opposite party. Generally, in matrimonial cases, Supreme Court stays the proceedings before  Lower Court until the disposal of the transfer petition.

Step4: Upon receipt of the notice, the Opposite party has to engage the counsel and Vankalatnama.

Step5: Pleadings are complete after the opposite party files Counter Affidavit and the rejoinder by the petitioner if any.

Step6: During the hearing, Supreme Court may refer the matter to the Mediation Center for an amicable resolution. An amicable resolution could be when parties agree upon reconciling their differences or part ways by way of a mutual consent divorce petition.

Step7: If mediation succeeds, the transfer petition is disposed of accordingly.

Step8: If mediation, Supreme Court hears the matter on merit

Step9: Supreme Court then decides if transfer Petition is allowed or not.

Step10: If a transfer petition is allowed then the matter gets transferred from the original place where such case was pending to another place as Supreme Court may decide.