Can a Transfer Petition in the Supreme Court Be Opposed by the Opposite Party?
Yes, a transfer petition in the Supreme Court can be opposed by the opposite party. The Indian legal system ensures fair hearing and justice to all parties, and that includes the right to contest a petition seeking the transfer of a legal case from one court to another.
In this article, we explain how and why a transfer petition can be opposed, the legal grounds involved, and provide answers to common FAQs.
What Is a Transfer Petition in the Supreme Court?
A transfer petition is a legal request filed before the Supreme Court of India seeking the transfer of a case:
From one High Court to another, or
From one court in a state to another court in a different state.
These petitions are usually filed under:
Section 25 of the Civil Procedure Code (CPC) – for civil cases.
Section 406 of the Criminal Procedure Code (CrPC) – for criminal matters.
Can the Opposite Party Oppose a Transfer Petition?
Absolutely. The opposite party has the full right to:
Challenge the maintainability of the transfer petition.
File a counter affidavit and present valid reasons against the proposed transfer.
Seek dismissal of the transfer petition on legal or factual grounds.
Grounds to Oppose a Transfer Petition in the Supreme Court
The Supreme Court exercises discretionary powers, and to oppose a transfer petition effectively, the following grounds may be used:
- Inconvenience or Hardship
The proposed transfer may cause undue hardship, especially if the opposing party is:
Aged or medically unfit
A woman with children
A working individual with fixed commitments
- Delay Tactics or Malafide Intent
The petitioner may be trying to delay proceedings or harass the opposite party through unnecessary litigation.
- Jurisdictional Validity
The current court may have proper territorial jurisdiction and proceedings may already be underway.
- Availability of Witnesses
If key witnesses and documents are in the present location, transfer may disrupt the process of justice.
- Pending Related Cases
If other related matters (maintenance, custody, DV Act proceedings) are already pending in the current court.
Procedure to Oppose a Transfer Petition
To oppose a transfer petition, follow these steps:
Engage a Supreme Court Advocate
Draft and File a Counter Affidavit stating the reasons for opposition
Attach supporting documents, if any (medical reports, affidavits, evidence of local witnesses, etc.)
Attend hearings and present oral arguments if necessary
Example Scenarios Where Opposition Is Common
A wife files a divorce case in Delhi, but the husband files a transfer petition to move it to his hometown. The wife may oppose it, citing inconvenience, safety, and the dependency of children.
A criminal complaint is filed by a woman, and the accused seeks transfer. She may oppose it, citing fear of intimidation and witness availability.
FAQs on Opposing Transfer Petitions in the Supreme Court
Can a wife oppose a transfer petition filed by her husband?
Yes, if the proposed transfer causes inconvenience or hardship, she can file a counter affidavit and contest it.
Do I need a Supreme Court lawyer to oppose a transfer petition?
Yes, only a Supreme Court Advocate-on-Record (AOR) can file responses in the Supreme Court.
How long does the Supreme Court take to decide a transfer petition?
It depends on the facts, urgency, and workload, but it usually takes a few weeks to months.
Can I oppose a transfer petition on medical grounds?
Yes, certified medical records supporting your claim can be used to oppose the transfer on compassionate or health-related grounds.
Conclusion: If a transfer petition is filed in the Supreme Court against you, you have the legal right to oppose it. With the right legal support and a well-drafted counter affidavit, you can contest the transfer and ensure that the case remains in the appropriate jurisdiction.
Need assistance in opposing a transfer petition in the Supreme Court? Get in touch with our experienced Supreme Court advocates.
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.
