Transfer Petition

A transfer petition is a legal request made to move a case from one court to another for reasons such as convenience, safety, ensuring a fair trial, and others. In India, transfer petitions are governed by the Code of Civil Procedure, 1908 (CPC) and the Code of Criminal Procedure, 1973 (CrPC), now BNSS 2023, depending on the type of case. Transfer Petition Lawyer.

What is a Transfer Petition?

A transfer petition is filed when a party to a case feels that the matter should be heard in a different court than where it is currently pending.

Examples include:

Moving a divorce case from one state’s court to another.

Transferring a criminal case to a different jurisdiction.

Shifting a commercial or civil dispute to a court with territorial jurisdiction elsewhere.

Who Can Hear a Transfer Petition?

Supreme Court of India – Has the power under Section 25 CPC (civil/family cases) and Section 406 CrPC (BNSS Section 446) (criminal cases) to transfer cases from one state to another.

High Court – Can transfer cases within the same state under Section 24 CPC (civil) and Section 407 CrPC (BNSS 2023 Section 447) (criminal).

Types of Transfer Petitions

Civil/Family Case Transfer Petition

Filed under Section 25 CPC in the Supreme Court (between states).

Filed under Section 24 CPC in High Court (within state).

Criminal Case Transfer Petition

Filed under Section 406 CrPC (BNSS Section 446) in the Supreme Court (between states).

Filed under Section 407 CrPC (BNSS Section 447) in High Court (within state).

Valid Grounds for Filing a Transfer Petition

Convenience of Parties – Especially in matrimonial cases, the Supreme Court gives preference to the convenience of the wife.

Safety & Security – Threats, intimidation, or unsafe environment in the current jurisdiction.

Medical Reasons – Inability to travel due to illness or disability.

Multiple Related Cases – Consolidating similar cases.

Fair Trial Concerns – Fear of bias, local influence, or political interference.

Procedure to File a Transfer Petition in the Supreme Court

Drafting the Petition – Mentioning case details, current court, proposed court, and valid reasons for transfer.

Filing in the Supreme Court – Under the relevant section (25 CPC or 406 CrPC).

Service of Notice to the Opposite Party – The other side gets a chance to respond.

Hearing – Both parties present their arguments.

Order – The Court allows or dismisses the transfer.

Why Legal Assistance is Important in Transfer Petitions

A transfer petition must be well-drafted, fact-based, and supported by documentary proof. Incomplete or weak petitions are often dismissed. An experienced advocate can:

Identify the strongest legal grounds for transfer.

Prepare supporting affidavits and evidence.

Represent the case effectively before the Supreme Court or High Court.

Transfer petition in the Supreme Court of India
Family case transfer petition to another state
Criminal case transfer petition in the Supreme Court
Grounds for a transfer petition in matrimonial cases
Best lawyer for a transfer petition in the Supreme Court

Frequently Asked Questions (FAQs) – Transfer Petition in India

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.

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 446) (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. If there are valid grounds such as fear of bias, security threats, or fair trial concerns.

Transfer Petition Lawyer

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.

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?

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 other party oppose a transfer petition?

Yes. The respondent may file objections, and the Court will hear from both sides before making a decision. 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.