Transfer of Divorce Petition in Supreme Court 987 3628 941

Transfer of Divorce Case from One State to another in India

If you wish to file for a Transfer of Divorce Petition in Supreme Court 987 3628 941. You may contact at the number given above.

One may file a transfer petition in the Supreme court for transferring a case pending in family court of one state to another

Understanding the Transfer of Divorce Cases from one state to another

If a husband files a divorce case say in bangalore and the wife lives in delhi , She may file a transfer petition in the Supreme Court for the said case. There are several grounds which can be relied upon by the parties for transfer of divorce case or any matrimonial case.

Grounds for Transfer of Divorce Cases- Wife

Mainly the grounds would include and usually taken into consideration for wife are ;

There are already cases (maintenance , DV etc ) pending in the courts where the wife resides.

Inconvenience of wife travelling alone

Safety concerns of wife

Distance between the two cities

Grounds for Transfer of Divorce Cases- Husband

Although its very difficult for husbands but all that depends upon the facts of the case. Although husbands can always pray for appearance via video conferencing .You may click here to submit your query Transfer Petition Lawyers

Transfer of Matrimonial proceedings

Divorce is not the only matrimonial case that can be transferred . There are cases where like maintenance cases, cases under the DV Act which can be applied for transfer in the Supreme Court.

Transfer Petitions u/s 25 CPC in Matrimonial Disputes

Below is a format of the heading of a Transfer Petition in Divorce Cases-

TRANSFER PETITION UNDER SECTION 25 OF THE CODE OF CIVIL PROCEDURE 1908 READ WITH ORDER XLI OF THE SUPREME COURT RULES 2013 FOR TRANSFER OF DIVORCE PETITION PENDING BEFORE THE COURT OF THE PRINCIPAL FAMILY JUDGE ,BANGALORE BEARING CASE NO XXXX TITLED “YYY VS ZZZ” TO THE COURT OF ADDITIONAL DISTRICT JUDGE AT RANAGHAT, DIST. NADIA, WEST BENGAL

Transfer Petitions u/s 25 CPC in Matrimonial Disputes

Below is a format of the heading of a Transfer of a Case filed under the DV act

PETITION UNDER SECTION 406 OF CODE OF CRIMINAL PROCEDURE READ WITH ORDER XXXIX OF SUPREME COURT RULES 1966 FOR TRANSFER OF CASE NO. 123/2025 FILED UNDER SECTIONS 12,17,18,19,20,23 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT ,2005 TITLED “XYZ VS XVS AND ANR , PENDING BEFORE THE COURT OF THE JUDIDICAL MAGISTRATE , FIRST CLASS AT GURUGRAM TO THE COMPETENT COURT OF PRINCIPAL JUDGE FAMILY COURT AT SAKET , DELHI WHERE THE DIVORCE PETITION CASE NO IDA NO 209 OF 2022 IS PENDING

Format Of Transfer Petition In The Supreme Court

THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
   TRANSFER PETITION(CIVIL)  No.  OF 2023

  IN THE MATTER OF             :                                        
TRANSFER PETITION UNDER SECTION 25 OF THE  CODE  OF CIVIL PROCEDURE 1908 READ WITH ORDER XLI OF THE SUPREME COURT RULES 2013 FOR TRANSFER OF DIVORCE PETITION

                AND

IN THE MATTER OF :
A          ….Petitioner                          
                        /Versus/                 
               B …Respondent       

 TO,

THE  HON’BLE  CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA

 THE HUMBLE PETITION OF  
  THE PETITIONERS  ABOVE NAMED.

MOST RESPECTFULLY SHOWETH                  

1. That the Petitioner has invoked the jurisdiction of this Hon’ble Court  under section 25 of the Code of Civil Procedure,1908 r/w Order XLI of Supreme Court Rules 2013 praying  for transfer of case bearing …

Brief Facts

2. The brief facts leading to the  filing of the transfer Petition are as follows:

 That the petitioner is seeking transfer of the Divorce Petition  filed by the Respondent under section 13 1 (ia)(ib) of the Hindu Marriage Act 1955 titled X vs Y pending before the court of the principal family     judge, Bangalore  bearing no XXX    to the Court of Additional District Judge at Ranaghat, Dist. Nadia, West Bengal

5. That the Petitioner–wife has not filed any other Transfer Petition before this Hon’ble Court or any other court.

6.  That the Petitioner is filing this Petition for transfer on the following amongst other grounds.

                      GROUNDS

 F. FOR THAT all grounds like relating to inconvenience , safety etc relied upon by the party

 7. That the Petitioner has not filed any other similar transfer Petition before this Hon’ble Court or any other court for the relief as prayed for in the Present Petition.

PRAYER

In these circumstances , it is most respectfully prayed that this Hon’ble Court may kindly be pleased to :

1. Pass an Order thereby transferring the Divorce Petition bearing …
2. Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the Case.

AND FOR THIS ACT OF KINDNESS THE PETITIONER SHALL AS IN DUTY BOUND EVERY PRAY

Filed by:

 Advocate for Petitioner

with supporting AFFIDAVIT

CONCLUSION FOR Transfer of Divorce Petition in Supreme Court 987 3628 941

It is advisable to consult an Advocate on Record Practicing in Supreme Court who can guide you well on this for drafting and appearance etc. You may also visit Caveat India for any assistance and information for filing a transfer petition in the Supreme Court of India