HOW TO FILE A TRANSFER PETITION IN THE SUPREME COURT
The procedure of filing a transfer petition in the Supreme Court is governed by the Supreme Court Rules 2013. There are two types of Transfer petitions i.e Transfer Petition (Civil) and Transfer Petition (Criminal).In the Supreme Court Transfer Petition (Civil) is being filed Under Section 25 of the Code of Civil Procedure read with Order XLI of the Supreme Court rules 2013 and Transfer Petition (Crl) is being filed under section 406 of the code of criminal procedure read with order XXXIX of the Supreme court rules 2013. Transfer petitions arising out of the matrimonial disputes are mainly to transfer the cases such as Divorce case, Restitution Petition (RCR), 498A Case, Domestic Violence (D.V), Maintenance case, Child custody case etc. It arises when a spouse (Husband or Wife) filed a matrimonial case against the other spouse at the place where she/he presently residing and the opposite party (Husband or Wife as the case may be) feeling difficult to contest the said matrimonial case at the place where it has been originally filed so in such a situation the aggrieved party approaches the Supreme Court for transfer the case in question by filing a transfer petition, seeking Transfer of the case from its original place to the place where She/he feels convenient to contest the case. Maximum transfer petitions which are filing in the Supreme Court are related to transfer the Divorce Case and Restitution Case (RCR) and it has been earlier seen that the result of the Transfer Petition generally goes in favour of the wife. But after the case of “Krishna Veni Nagam Vs. Harish Nigam T.P (Civil) No.1912 of 2014 decided on 09.03.2017, the Supreme Court had an occasion to consider the case on its merit and passed certain directions with regard to disposal of the matrimonial cases without its transfer from its original jurisdiction.
After some time a three-judge bench in the case of
“Santhini Vs, Vijaya Venketesh Transfer Petition (Civil) No.1278/2016 with Transfer Petition (Civil) no.422/2017 dated 09.10.2017” by a majority of two-Judge Dipak Mishra CJI and Justice Khanwilkar, (Justice D.Y.Chandrachhud has given dissent opinion) has overruled the earlier judgment of Krishna Veni Nagam Vs. Harish Nagam (supra) which had led the practice of Supreme Court referring the parties to participate in the matrimonial disputes cases through video conferencing, when the parties approached the court for transfer of the matter.
Now the position is the same as was prior to the case of Krishna Veni Nagam Vs. Harish Nagam (Supra). In the Supreme Court, large numbers of transfer petition is being filed related to matrimonial disputes to transfer of the cases such as Divorce Petition, Restitution petition (RCR), Domestic Violence Case, 498A Case, Maintenance Case etc. Below is the format of the transfer petition relating to the transfer of the matrimonial case.
IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
Transfer Petition (Civil) No. of 2021
IN THE MATTER OF:
Mrs. XXXXX
W/O: XXXXX
R/O: XXXXXX
Petitioner
VERSUS
Mr. XXXXXXX
R/O:XXXXXX
Respondent
TRANSFER PETITION (CIVIL) UNDER SECTION 25 THE CODE OF CIVIL PROCEDURE 1908 READ WITH ORDER XLI OF THE SUPREME COURT RULES, 2013, FOR TRANSFER OF THE MARRIAGE PETITION NO. XXXXX FILED BY THE RESPONDENT/HUSBAND BEFORE LD. COURT OF C.J.S.D THANE, MAHARASHTRA, TITLED AS XXXXXX, PENDING BEFORE LD. COURT OF C.J.S.D THANE, MAHARASHTRA TO THE COURT OF LD. PRINCIAPAL JUDGE, FAMILY COURT AT BANGALORE.
To
The Hon’ble Chief Justices of India
and his Companion Justices of the
Hon’ble Supreme Court of India
The humble petition of the
Petitioner above named
MOST RESPECTFULLY SHEWETH:
1. That the petitioner/wife seeks kind indulgence of this Hon’ble court to file present Transfer Petition (Civil) Under Section 25 The Code Of Civil Procedure 1908 Read With OrderXLI of the Supreme Court Rules, 2013, for transfer of the marriage petition no.XXXX/2021 filed by the respondent/Husband before Ld. Court of C.J.S.D Thane, Maharashtra, titled as XXXXXXX, pending before Ld. Court of C.J.S.D Thane, Maharashtra to the court of Ld. Principal Judge, Family Court at Bangalore.
2. BRIEF FACTS OF THE PRESENT CASE ARE AS UNDER:
a) That the marriage of the petitioner and respondent was solemnized on XXXX as per Hindu rites and ceremonies at XXXXXXX.
b) That the petitioner has been subjected to continuous harassment by the respondent and his family members who have left no stone unturned to harass her right from the time of marriage. There have been consistent demands from the respondent and his family and on many occasions they have harassed the petitioner physically and mentally and also labeled false allegations. She was also prevented from communicating with her parents and family members. It is submitted that the petitioner was bearing inhuman torture and insult at the hands of the respondent and his family members. The details of torture and harassment are not fully mentioned herein as same is not relevant for adjudication of the present transfer petition and the petitioner will state and mention the same in appropriate proceedings.
c) That on XXXXX the petitioner was thrown out from the matrimonial house. It is submitted that she has been so much harassed to the extent that she was compelled to leave the matrimonial house and presently she is living with her parents where she has taken shelter after being deserted by the respondent.
d) That on XXXXXX the respondent has filed Marriage petition no.XXXXXXXX before the Ld. Court of C.J.S.D Thane, Maharashtra, titled as XXXXXXXXXXX seeking decree of divorce in which notice/summon was issued to the petitioner/wife for her appearance which she has received recently. Copy of marriage petition no.XXXXX filed by the respondent before Ld. C.J.S.D Thane is annexed as ANNEXURE P-1 from pages __ to __.
Feeling aggrieved, the instant Transfer Petition (Civil) is being filed by the petitioner, on the following grounds amongst other:
GROUNDS
Because the petitioner/wife is residing at Bangalore after being deserted by the Respondent/Husband.
II. Because there is no one to accompany the petitioner every time to travel such a long distance from Bangalore to Thane which is about 1000 KMS, hence, it is very difficult for the petitioner to attend the case hearings at Thane time and again.
III. Because there is no source of income and she is fully dependent upon her parents as such, there is also a financial crunch with the petitioner to bear huge travelling and stay costs at thane. Further, she is not acquainted with any lawyer at Thane therefore; she is unable to contest the case in question at Thane, Maharashtra.
IV. Because the present case has been filed at Thane just to harass the petitioner otherwise there is no valid reason to file the Divorce case at Thane.
V. Because the respondent is employed and earning well hence, he has no problem to pursue the case in question at Bangalore. Further, Bangalore city is well connected from Thane.
VI. Because there is a threat to life of the petitioner in view of constant threats extended by the respondent and his family members hence, it is not safe for her to travel alone all the way to Thane, Maharashtra.
NON FILING PARA
3. That the petitioner has not filed any other similar Transfer Petition (Civil) before this Hon’ble court or any other petition seeking similar relief in any court of law.
PRAYER
Therefore, in view of the above, it is, humbly and respectfully prayed that this Hon’ble court may kindly be pleased to:
a) Transfer the marriage petition No.xxxxx filed by the respondent/Husband before Ld. Court of C.J.S.D Thane, Maharashtra, titled as xxxxxxxxxx pending before Ld. Court of C.J.S.D Thane, Maharashtra to the Court of Ld. Principal Judge, Family Court at Bangalore.
b) Pass any other further order/s as this Hon’ble court may deem fit and proper under the facts and circumstances of the case in the interest of justice.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY
Petitioner
Through
Counsel for the Petitioner
Filed On:
Drawn on: