TRANSFER PETITION IN THE MATRIMONIAL CASE

Transfer Petition related to matrimonial cases i.e Divorce case, Restitution of conjugal rights (RCR), Maintenance Case, 498A IPC, Domestic Violence Case (D.V Case) from one State to another State, comes under the original jurisdiction of 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 a 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 cases, Restitution Petition (RCR), 498A Cases, Domestic Violence (D.V), Maintenance cases, Child custody cases, etc. It arises when a spouse (Husband or Wife) filed a matrimonial case against the other spouse at the place where she/he presently resides 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 filed in the Supreme Court are related to matrimonial disputes.

APPROPRIATE STAGE OF THE CASE TO FILE A TRANSFER PETITION IN THE SUPREME COURT?

After filing the charge sheet or during the course of the trial, a Transfer Petition is maintainable in the Supreme Court to get it transferred from the place where it is pending to the other State. But for the other cases of civil nature when a summon or notice is received which has been issued by the Court concerned where the case in question originally is instituted and the respondent/defendant feels inconvenience to contest the case at its original place where it has been registered, the aggrieved person may approach the court for transfer of the case in question by filing an appropriate Transfer petition in the Supreme Court subject to the condition that the original case is pending/ instituted in a different State from the place where the aggrieved person is presently residing. So at this stage, it is an appropriate stage of the case to file a transfer petition and the same could not be questioned on the ground of its stage and the respondent cannot take the plea that the transfer petition has been filed at its belated stage. But on the other hand, if the aggrieved person approaches the Supreme Court at a belated stage i.e after her/his appearance in the original case and appointed a counsel to conduct the case in question and some proceeding of the case has also taken place, then in the Supreme Court, a question may arise in favour of the respondent that there is no inconvenience to the petitioner in conducting the case at its original place because the petitioner has already engaged a Lawyer who is conducting the case conveniently.

GROUNDS OF THE TRANSFER PETITION RELATED TO THE MATRIMONIAL CASES:-

The grounds that the petitioner generally takes in the Transfer Petition before the Supreme Court are:-

1.  Financial crunch to the petitioner

2.  Life threats to the petitioner

3.  No one is in the family to accompany the petitioner 

4.  Long journey

5.  Minor child

6.  Leave is not granted by the employer (in case the Petitioner is employed) 

      Etc.

7. Apprehension of unfair trials due to various reasons.

DOCUMENTS REQUIRED FOR FILING OF A TRANSFER PETITION IN THE SUPREME COURT?

 For filing a Transfer Petition with regard to the transfer of a matrimonial case in the Supreme Court, the main documents required are given below;-

1. Copy of original Petition 

2. Summon/ Notice issued by the Court 

3. Vakalatnama

4. Affidavit of the petitioner

5. Any other document which may advise by the counsel.

So far as Transfer Petitioner (Crl.) with regard to the matrimonial case such as 498A IPC, Domestic Violence Case, or Maintenance cases are concerned, they depend upon the nature of the case to be transferred, so it can only be advised by the counsel after going through the entire case history, facts and other related documents of the cases.