Transfer Petition in Supreme Court of India: A Complete Guide

LAW AND RIGHTS

Karnav Shah

4 min read

Learn about Transfer Petition in the Supreme Court of India, the grounds for filing a transfer petition, and how it applies in divorce and criminal cases. Understand recent judgments, including the Krishna Veni Nagam case, and how to seek interim relief. This guide explains everything you need to know about transferring cases to ensure justice is served.

A Transfer Petition allows a case to be moved from one court to another, particularly when it is deemed essential for the fair administration of justice. Under Section 25 of the Code of Civil Procedure (CPC), the Supreme Court has the authority to transfer any civil case, appeal, or other proceedings from one High Court or court in one state to another in a different state. The primary reason for a transfer petition is to prevent injustice or undue hardship to a party involved in the case.

What is a Transfer Petition?

A Transfer Petition is typically filed in the Supreme Court to request the transfer of a case from one jurisdiction to another. This petition is vital in cases where it is impossible or inconvenient for one of the parties to attend court proceedings in the jurisdiction where the case was initially filed. The Supreme Court assesses whether a transfer is required based on factors such as prejudice, threat to life, distance, or support for a litigant.

Divorce Transfer Petition

In matrimonial cases, a Divorce Transfer Petition is often filed by the wife when the husband files the petition in the location of his matrimonial home, while the wife resides at her parental home, potentially in a different state. The Supreme Court is cautious when granting these petitions, considering fairness and ensuring that the wife is not unjustly harassed. Some arguments that may arise in divorce transfer petitions include:

Minor Child: If the wife claims to have a minor child, the court may suggest that grandparents care for the child, and therefore, transfer on this ground might not be granted.
Distance: If the wife claims the distance between the courts is too far, the husband may offer to bear the travel and accommodation costs, including second-class AC train tickets.
Threat to Life: A transfer petition based on the wife’s claim of threat to her life will only be granted if strong proof is provided. A mere statement of fear is not enough for the Supreme Court to transfer the case.
Custody Issues: For men seeking transfer of a case involving child custody, the case of Jaishree Banarjee v. Abhirup Banarjee can be used to argue that the case should be transferred to a more convenient location for the father.

Criminal Transfer Petition

In criminal cases, Section 406 of the Code of Criminal Procedure empowers the Supreme Court to transfer cases from one High Court or criminal court to another, provided the request is made by the Attorney General or an interested party. The Supreme Court's decision to grant a transfer petition is based on the principle of fairness and ensuring that the party filing the petition does not face unnecessary hardships.

Important Grounds for Filing a Transfer Petition

Here are some common grounds under which a transfer petition can be filed:

Prejudice in Jurisdiction: The party believes that the opposing party has undue influence in the jurisdiction where the case is filed, making it difficult to receive a fair trial.

Threat to Life: A claim that one party is under threat of harm, particularly when the opposing party is powerful or influential.

Single Woman Without Support: A woman without family support or assistance may seek the transfer of the case to a location where she has support.

Medical Grounds: If the litigant has medical issues that make it difficult to travel, the court may consider transferring the case.

Ailing Parents: In cases where the litigant has elderly or ill parents, the court may deem it fair to transfer the case closer to the litigant’s residence.

No Source of Income: A woman who is financially dependent and cannot afford travel expenses may request a transfer.

Simultaneous Jurisdictions: When a case involves multiple jurisdictions or is filed in two different places, it can be transferred to avoid conflicting judgments.

Interim Relief in Transfer Petitions

When filing for a transfer petition, it's important to also seek interim relief, which refers to an order to halt proceedings in the original court until the Supreme Court decides on the transfer request. This ensures that the petitioner's rights are not harmed during the process.

Recent Supreme Court Judgments on Transfer Petitions

The Krishna Veni Nagam v. Harish Nigam case has become a landmark decision in transfer petition matters. The Supreme Court ruled that transferring a case based solely on the inconvenience of the litigant is not enough. Instead, courts are encouraged to explore alternatives such as video conferencing and legal aid services to avoid unnecessary transfers.

The Court issued guidelines to help address such concerns, including providing facilities like video conferencing, legal aid, and the cost of travel and accommodation for litigants who need to attend court proceedings but cannot afford it. These guidelines have made it more difficult for transfer petitions to be granted automatically, as alternative solutions are now considered.

How Transfer Petitions Affect the Parties Involved

While a Transfer Petition can provide relief for those facing unjust hardship due to geographical or financial constraints, the Supreme Court often looks for safeguards that minimize unnecessary transfers. For instance, video conferencing and alternative solutions have been promoted to ensure that justice is not delayed or denied simply because of logistical challenges.

Key Takeaways:

A Transfer Petition is an application made to the Supreme Court for transferring a case from one jurisdiction to another.

In divorce cases, transfer petitions are commonly filed when one party resides in a different state or jurisdiction than the other.

Criminal cases can also be transferred under Section 406 of the CrPC, with the approval of the Supreme Court.

Grounds for Transfer: Prejudice, threat to life, financial constraints, medical conditions, and custody issues.

The Krishna Veni Nagam v. Harish Nigam case clarified that alternative solutions like video conferencing must be explored before considering a transfer.

Interim relief can be sought to prevent harm during the process of transferring a case.

Dr. Karnav Shah, Executive Director of Jivanamasteya Trust, is a committed child & human rights advocate leading initiatives in legal aid, livelihoods, & healthcare education in India & Australia. With a doctorate & degrees in law, business, & Mgt., he empowers communities through education, writing, & social action—igniting change & inspiring transformation through purposeful leadership.