How to file Transfer petition in Supreme Court ?
Transfer Petition in Supreme Court can be filed in Civil and Criminal matters. When the matter is to be transferred from one Court of State to another Court of different state, then you have to approach Hon’ble Supreme Court. Civil matter comes under Sec 25, Civil Procedure Code, 1908 and Criminal matter is transferred under sec 406 Criminal Procedure Code, 1973.
Sec 25, Civil Procedure Code, 1908 clarifies that if you have strong grounds to transfer your case from one Court of State to another Court of another state, then you can simply file a transfer petition to Hon’ble Supreme Court. You have to clearly state your grounds in the petition.
In Section 406 Criminal Procedure Code, 1973 also, you can simply file a transfer petition to Hon’ble Supreme Court in order to transfer your case from one state to another.
Normally, it is seen that Supreme Court does not entertain Transfer petitions but usually considers the cases of Divorce or Domestic Violence in matrimonial disputes. It has been observed that mostly wives intend to transfer their cases and file for transfer petition in Supreme Court. Wife seeks for her convenience and to lower down travelling efforts, she is desperate to transfer the divorce case in her state. This is the major ground for transfer of petition in civil cases. When Wife files for transfer of petition in Supreme Court, SC gives a notice to her husband. Husband has to file a counter affidavit against the notice in order to defend the transfer petition filed by wife. Then the case goes for hearing and after the hearing, final judgment by the Court comes into action.
In criminal cases, generally the transfer petitions are filed in matrimonial cases than any other case or in very high-profile kind of case. The major ground to file for transfer petition is the safety and security of wife.
Grounds for a Wife to File for Transfer Petition in Civil cases
- Due to long distance of travelling from one state to another.
- Due to Biased or Influencing decisions by Court.
- Unsupportive behaviour of police in that state.
- Witnesses living in another state.
How can husbnad defend transfer petition filed by wife?
- Husband can claim that he is ready to bear all the travelling expenses of wife from one state to another. Court can consider his request to not transfer the case in this case.
- Court may also consider in the case husband has old parents or little children at home to be taken care of.
Grounds for a Wife to file for transfer petition in Criminal Cases
- Safety and security of witnesses.
- Evidences on record of any past attacks done on wife.
- Strong Political Connections of other party who may try to destroy the evidences.
In the cases of transfer of petition, the proceedings of Supreme Court can be held from any bench. Generally, the hearing lasts for 5 minutes only.