In India, family disputes such as divorce, child custody, alimony, or maintenance are heard by Family Courts. However, there are situations where a party may seek to transfer a case from one state’s family court to another. Such transfers are governed primarily by Section 25 of the Code of Civil Procedure (CPC) for civil/family matters and by provisions of the Constitution of India when filed before the Supreme Court. Family Matter Transfer Petition.

Who Can Transfer a Family Court Case?

A family court case can be transferred by: Family Matter Transfer Petition

The Supreme Court of India, under Section 25 CPC, for transfers between states.

The High Court, under Section 24 CPC, for transfers within the same state.

When the case involves courts in two different states, only the Supreme Court has the authority to order the transfer.

Valid Legal Grounds for Transfer of Family Court Cases Between States

The Supreme Court considers transfers only when there are genuine and justifiable reasons. Common valid grounds include:

Convenience of the Party (Especially Wife in Matrimonial Cases)

In matrimonial matters, the Supreme Court often gives weight to the convenience of the wife, particularly if she has no independent income, has young children, or is living with her parents.

Safety and Security Concerns

If attending proceedings in another state poses a threat to life or safety due to harassment, domestic violence, or intimidation.

Medical Grounds

Serious illness or medical conditions of the party or dependents that make long-distance travel difficult.

Child Custody & Welfare Concerns

When a transfer would better serve the best interest of the child, such as proximity to the child’s residence or schooling.

Financial Hardship

If attending proceedings in another state would cause significant financial strain.

Multiple Cases in Different Courts

If related proceedings (like divorce, maintenance, or domestic violence cases) are pending in different states, the court may transfer them to one jurisdiction to avoid conflicting judgments.

Witness & Evidence Location

When most witnesses or evidence are located in a different state, making a trial in the original court is impractical.

Legal Importance of Case Transfer in Family Disputes

Seeking a transfer in family court cases is not just about convenience — it can be crucial for:

Ensuring Fair Trial – Avoiding bias, local influence, or threats that could affect justice.

Reducing Litigation Stress – Especially in sensitive cases, such as divorce or child custody.

Saving Costs & Time – Minimizing travel expenses and time away from work or family.

Consolidating Proceedings – Avoiding parallel litigation in multiple courts.

Protecting Vulnerable Parties – Women, children, or elderly parents often need proximity to their support systems during litigation.

How to Apply for Transfer of a Family Matter Between States

Filing a Transfer Petition in the Supreme Court – Under Section 25 CPC, stating the reasons for transfer with supporting evidence.

Serving Notice to the Other Party – The respondent will have an opportunity to contest the transfer.

Court Hearing & Decision – The Supreme Court examines the facts, balance of convenience, and interests of justice before granting or rejecting the transfer.

Conclusion

Transferring a family court case from one state to another is a significant legal step and should be supported by valid, genuine, and well-documented reasons. The Supreme Court carefully examines each case to ensure fairness, justice, and the welfare of affected parties, especially women and children.

Transfer petition in the Supreme Court for family cases
Family court case transfer between states in India
Valid grounds for the transfer of a divorce case to the Supreme Court
Child custody case transfer to another state
Supreme Court transfer petition lawyer in Delhi
Matrimonial case transfer to the wife’s place

Frequently Asked Questions (FAQs)

1. What is a transfer petition in India?

A transfer petition is a formal request to move a pending case from one court to another for reasons such as convenience, safety, fair trial, or location of evidence and witnesses. It can be filed in the Supreme Court for inter-state transfers or in the High Court for transfers within the same state.

2. Who can file a transfer petition in the Supreme Court?

Any party to a case—civil, family, or criminal—can file a transfer petition in the Supreme Court under Section 25 CPC (civil/family cases) or Section 406 CrPC (BNSS section 447) (criminal cases) when the transfer is sought between two different states.

3. What are the common grounds for a transfer petition in matrimonial cases?

Convenience of the wife (especially if she has no income or is living with parents)

Safety concerns or domestic violence allegations

Medical conditions making travel difficult

Need to consolidate multiple related cases in one court

4. How long does it take for the Supreme Court to decide a transfer petition?

Timelines vary depending on court workload, urgency, and complexity. In urgent matters—like child custody or domestic violence—the Court may grant interim relief or expedited hearings.

5. Can criminal cases also be transferred between states?

Yes. Criminal cases can be transferred between states by the Supreme Court under Section 406 CrPC if there are valid grounds such as fear of bias, security threats, or fair trial concerns.

6. Do I need to be physically present to file a transfer petition?

No. Your advocate-on-record in the Supreme Court can file the petition on your behalf. However, you may need to be available for video conferencing or provide an affidavit supporting the transfer request.

Family Matter Transfer Petition

7. Can I transfer my case from one High Court to another?

No. Only the Supreme Court can transfer cases between different states or between High Courts. High Courts can only transfer cases within their jurisdiction.

8. Required documents for filing a transfer petition?

Common Documents:

Copy of the current case file or plaint/petition

Proof supporting the grounds for transfer (medical reports, police complaints, travel expense details, etc.)

Identity proof of the petitioner

Affidavit verifying the petition

9. Can the opposing party object to a transfer petition?

Yes. The respondent can file objections, and the Court will hear both sides before deciding. The Supreme Court balances convenience, fairness, and justice before granting or refusing a transfer.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.