What Is A Transfer Petition And How Can Matrimonial Cases Be Transferred From One State To Another In India?
A transfer petition is a petition that is filed before the Supreme Court of India in order to transfer a case from one court to another court.
The Supreme Court of India by way of transfer petition has the power to transfer matrimonial cases from one state to another state in India.
The provisions concerning the transfer of cases and withdrawal of suits, appeals and other proceedings are stated under both the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973.
Section 22 to Section 25 of the Code of Civil Procedure contains the law regarding the transfer and of civil cases and withdrawal of suits appeals and other proceedings
Section 406 and section 408 are the sections under the Code of Criminal Procedure that contains the law concerning the transfer of cases and the transfer of appeals.
How can a matrimonial dispute be transferred from one state to another?
A matrimonial case can be transferred from one state to another by way of a transfer petition which can be filed by the party to the case before the Honorable Supreme Court of India.
What are the grounds for filing a transfer petition?
-When the wife is unable to travel due to serious illness, is handicapped etc.
-When the custody of the child is with the wife a d the child is below a certain age.
-When a case has also been filed by the wife in the city where she is seeking the transfer of the case.
-When either of the party has provided persuasive evidence that points towards a serious threat at the place where the trial is supposed to take place.
-When both the spouses have no objection towards the transfer of the case.
When the Supreme Court of India is of the opinion that the transfer of the case will expedite the process and is suitable for ends of Justice, it has the power to direct any suit, appeal or other proceedings under section 25 of the Code of Civil Procedure from a high court or other Civil Court in one state to another state.
Section 406 of the Code of Criminal Procedure (CrPC) and the Supreme Court of India to transfer criminal cases and appeals unfinished in one high court or criminal court subordinate to one high court to a different Criminal Court of equal or superior jurisdiction subordinate to another high court.
Power to dismiss the application-
If the Supreme Court of India opines that the application under section 406 of the code of criminal procedure was trivial or vexing, the supreme court shall dismiss such application and order the applicant to pay by way of compensation to the respondent amount that will not be exceeding rupees 1000.
Krishna Veni Nagam vs. Harish Nagam-
The Supreme Court of India while hearing the application of transfer petition in the case of Krishna Veni Nagam vs. Harish Nagam in which the case was instituted on section 13 of the Hindu Marriage Act 1955, taking into consideration the problems and difficulties faced by the litigants travelling to the court.
The court also took note of the fact that in the process of hearing of the transfer petition the matrimonial cases which were required to be dealt expeditiously are delayed.
The court, in this case, was of the view that in the case where a husband files matrimonial proceedings at a place where the wife does not reside, the court taking up the matter should entertain such petition subject to the condition that the husband agrees to make an appropriate deposit to bear the expenses of the wife.