Transfer Petition Advocate in Supreme Court
A transfer petition in the Supreme Court of India can be filed under Article 139A of the Constitution, Section 25 of the CPC (Civil cases), or Section 406 of the CrPC (Criminal cases) to request the transfer of a case from one court to another, usually in different states. The following entities can file a transfer petition: Transfer Petition Advocate in Supreme Court.
Filing a Transfer Petition in the Supreme Court of India: Key Aspects
Who Can File a Transfer Petition?
Parties Involved: Any party to a case (petitioner/respondent) seeking transfer due to valid grounds.
- Civil Cases (Under Section 25 CPC)
Any party to a civil case (Plaintiff or Defendant)
Common cases include:
Divorce/matrimonial disputes (filed by the wife/husband)
Child custody disputes
Property disputes
Corporate/commercial litigation
Writ petitions requiring transfer of cases
- Criminal Cases (Under Section 406 CrPC)
The accused (if they fear bias in the local court)
The complainant/victim (for safety reasons or fair trial concerns)
The prosecution (if a fair trial is at risk)
The State or Union Government (for national interest or security concerns)
- Special Cases (Under Article 139A of the Constitution)
Legal Provisions Governing Transfers
Civil Cases:
Section 25, Code of Civil Procedure (CPC): Allows transfer between High Courts or subordinate courts.
Article 139A(1), Constitution: Permits consolidation of cases involving similar questions of law.
Criminal Cases:
Section 406, CrPC: Enables transfer to ensure fair trial or prevent injustice.
Inherent Powers: Article 142 grants the Supreme Court authority to pass orders for “complete justice.”
Grounds for Filing a Transfer Petition:
Risk of Conflicting Judgments: Similar cases pending in multiple courts.
Fair Trial Concerns: Bias, security threats, or lack of impartiality in the current forum.
Convenience of Parties: Accessibility for witnesses/parties (e.g., financial or logistical hardship).
Public Interest: To address substantial questions of law affecting the public.
Procedure to File a Transfer Petition:
Step 1: Draft the Petition
Include details of pending cases (court, case number, parties).
Clearly state grounds for transfer (e.g., safety, jurisdiction, fairness).
Specify relief sought (e.g., transfer to a particular court).
Step 2: Supporting Documents
Affidavit verifying facts.
Copies of relevant orders/pending case documents.
Evidence supporting grounds (e.g., threat perceptions).
Step 3: Filing and Fees
File the petition in the Supreme Court Registry.
Pay prescribed court fees (varies for civil/criminal cases).
Step 4: Serve Notice
Provide copies to opposing parties and concerned courts.
Step 5: Hearing
The Court examines merits and objections.
If granted, the case is transferred; if denied, reasons are provided.
Important Considerations:
Jurisdiction: Ensure the petition falls under the Supreme Court’s transfer powers (inter-state or inter-High Court).
Timeliness: File promptly to avoid procedural delays.
Legal Assistance: Engage experienced counsel for drafting and arguments.
Key References:
Constitution: Articles 139A and 142.
CPC: Section 25.
CrPC: Section 406.
When two or more cases involving the same or similar questions of law are pending in different High Courts, the Supreme Court can transfer them for uniformity in judgment.
By adhering to these steps and requirements, parties can effectively navigate the process of filing a transfer petition in the Supreme Court of India.
Would you like help drafting a transfer petition or preparing an argument for it?
You may contact at- +91 7617-414-414
Transfer Petition Advocate in Supreme Court.
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, consult the legal matter expert.
