My husband has filed a divorce case, I want to transfer that case to my mom's home. Please suggest how to file transfer petition in SC for this.
Baby (NA) 23 September 2014
My husband has filed a divorce case, I want to transfer that case to my mom's home. Please suggest how to file transfer petition in SC for this.
Tajobsindia (Senior Partner ) 23 September 2014
@ Author,
1. What are reasons to choose mother’s place? Are you staying with your mother? Are you gainfully employed at mother’s place? Is leaving company of senior citizen single mother a issue? If employed at mother’s place leave is difficult to seek from employer? Do you find difficult to travel large distance to appear at husband’s place due to no support (money) system in place and/or in absence of any natal home male member to accompany you to husband’s State? Is your life and limb under threat at husband’s place due to threat given by him? Do you have a minor child whose company is difficult to leave to make appearance at husband’s place? Is travel distance too much for un-accompanied female to travel? Are you finding difficult to make your appearance at husband’s place to contest divorce petition due to any other justifiable reasons? I asked them (state them in your petition and not to the forum) because based on such convincing grounds mentioned in your transfer petition, transfer of case may happen to your mother’s place otherwise it will proceed in accordance with law at husband’s place.
2. By hiring services of a AoR (Advocate on Record) from Supreme Court Bar Council found via reference.
OR
3. By getting help of a petition writer to first write petition for transfer of (civil) case from one State to another and then getting it filed as per Rules (now-a-days even eFilling is made open for outside parties) and then appearing as party-in-person after seeking permission of the Hon’ble Supreme Court. If choosing this option then you should be eloquent factual pleader before ld. Bench as time allotted to hear transfer petitions (civil) are bare minimum as well as know how to read cause list and seek pass to enter Court as well as should have made arrangements for travel and boarding to come to New Delhi on date of hearing.
[Last reply]
Ashish Dongre (Advocate) 23 September 2014
You have to take Permission from Supreme court of India.
Advocate Bhartesh goyal (advocate) 23 September 2014
Supreme Court u/s 25 of cpc can only transfer the suit ,appeal or any other proceedings from one high Court to other High court or one state to another state on an application made by any party and after hearing both the parties at any stage,if satisfied.
1[25. Power of Supreme Court to transfer suits, etc.
(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
N.K.Assumi (Advocate) 02 October 2014
You have not pointed out any grounds for transfering your case to your Mom's State. There are well guided principles laid down by the Supreme Court in the matter of transferring the case from one state to another state.
Nitish Banka (lawyer) 05 September 2017
Transfer Petition Supreme Court Recent trend
These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam
In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.
17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.
18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-
i) Availability of video conferencing facility.
ii) Availability of legal aid service.
iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.
iv) E-mail address/phone number, if any, at which litigant from out station may communicate.
Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.
But recently, I was successful in admitting one of my transfer petition in Hon’ble Supreme Court on the ground that the proceedings were vitiated by fraud.
In that proceedings the husband has deliberately filed the petition at a far off place only to harass the wife. the Hon’ble Supreme Court accepted this is a valid ground for entertaining the petition and issued notice.
There can be other grounds as well like-:
a. Manipulation of court records.
b. Attack on wife.
c. Petition filed to harass wife
d. Petition filed without jurisdiction by reading petition only.
For husband the judgement of Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands for defending transfer petition supreme court.
By-:
Advocate Nitish Banka
9891549997
kmurali krishna 12 March 2024
Dear Sir/Madam Indian rules are there, just to use only womens, Only woment can get Justice, Men ever get any justice in wife and husband dispute.
A husband filed transfer petition at super court (sc), bcz wife is filed cases(498a and crpc MC) in ap(andhra), then again filed dvc(included all family members) at TS state, just to harras husband and husband family members to get Maintinance(Alimony).
husband filed a transfer petition to transfer from TS state case to ap as she already filed 2 cases in ap.
SC served notices to wife twice(taking and sign), but no one is appeared then sc sent notices to AP lawyer who is dealing wife cases, still no one is appeared.
now sc should have make them as ex-party and transfer the case to AP, but sc dismissed the case, because of no one is appeared . In india implemented the rules, but rules are there in india just for women not for men.
Maintiance order is passed from two cases DVC(TS) and CrPC(AP) states , where Man can reside in India?
Is there any lawer who can challenge on this ?
SC Diary No.- 28440 - 2023
Sec498a : 47/2023
DVC : 22/2022
CrPC : 44/2023
I am happy to explain more detail at 9177144304
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