Transfer Petition in Supreme Court of India

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• A Transfer Petition before Supreme Court of India is filed for transfer of a case from one state to other state. It can be filed for the following reliefs:
  

  Transfer of a civil case from one state to other state.
  Transfer of a criminal case from one state to other state.
  Transfer of a Divorce case from one state to other state.

• A transfer petition in Supreme Court of India is filed for transfer of a Civil case under Section 25 of the Civil Procedure Code. Section 25 of the Code of Civil Procedure provides that the Supreme Court of India may transfer any suit, appeal or other proceedings from a High Court or other civil court in one State to a High Court or other civil court in any other State.

• Transfer petition is mainly filed for the transfer of a Divorce case from one state to another state can also be filed under Section 25 of the CPC.

• A transfer petition for transfer of the Criminal case is filed under Section 406 of the CrPC. Section 406 of the Code of Criminal Procedure provides that Supreme Court of India may transfer any case or appeal from one High Court to another High Court or from a criminal court subordinate to one High Court to another criminal court of equal or superior jurisdiction, subordinate to another High Court.

• Transfer petition is filed under the original powers of the Supreme Court of India. Supreme Court has powers to transfer of case under Article 139 A (1) of the Constitution of India when the cases involving the same or substantially the same questions of law are pending before the Supreme Court of India and one or more High Courts or before two or more High Courts. If the Supreme Court of India is satisfied, on its own motion, or on an application made by the Attorney General of India or by any party to any such case, that such questions are substantial questions of general importance, the Supreme Court of India may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself.

• Transfer petition is also filed under Article 139 A (2) of the Constitution of India which provides that the Supreme Court of India may, if it deems it expedient to do so for the ends of justice, transfer any case, appeal or other proceedings pending before any High to any other High Court.

GROUNDS FOR TRANSFER PETITION:

There can several grounds for the filing of a transfer petition before the Supreme Court of India based upon the facts of the case but the location of parties, the place of occurrence for a criminal case and the location of the parties are the main grounds. The grounds as raised by the petitioner is analyzed by the court. The court after considering the grounds and the facts can order for the transfer of the case from one state to other.

GROUNDS FOR TRANSFER OF DIVORCE CASE FROM ONE STATE TO OTHER:

Most of the divorce cases filed by the husband are transferred to the place where the wife is located if the wife files a transfer petition before Supreme Court of India for the transfer of the divorce case.

The places where divorce case be transferred through a transfer petition in Supreme Court of India can be the place where the marriage took place, the place where parties to the divorce petition last resided or the place where the wife is residing.

FORMAT OF A TRANSFER PETITION IN SUPREME COURT OF INDIA

IN THE SUPREME COURT OF INDIA
CIVIL TRANSFER JURISDICTION

TRANSFER PETITION (CIVIL) No. OF ————(State the year of filing)

[Petition under Section 25 of CPC for transfer of case NO.—————— to a equal and competent court at —————————]

IN THE MATTER OF :

ABC ———–Petitioner

Vs

XYZ ————Respondent.

WITH

I.A. No.————————-
APPLICATION FOR STAY

PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)

ADVOCATE FOR THE PETITIONER :

LIST OF DATES (give the chronological list of dates leading to the filing of the petition)

IN THE HON’BLE SUPREME COURT OF INDIA
(CIVIL TRANSFER JURISDICTION)

TRANSFER PETITION NO. ————————-

IN THE MATTER OF:

POSITION OF PARTIES

PETITION UNDER SECTION 25 OF CPC ON BEHALF OF ——————FOR TRANSFER OF THE CASE————————————————-TO AN EQUAL AND COMPETENT COURT AT ————————————.

TO,

The Hon’ble Chief Justice of India &
His companion judges of
The Supreme Court of India at
New Delhi.

The humble petition of the petitioner above named:

MOST RESPECTFULLY SHOWETH:
BRIEF FACTS: (state the brief facts of the case)
GROUNDS:
PRAYER
In the premises mentioned above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

Transfer case bearing No.—————————————– to the equal and competent court at ———————————

Pass such other and further orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the case.

Drawn on: DRAWN & FILED BY
Filed on:
New Delhi
Advocate for the petitioner

IMPORTANT TIPS ON FILING OF TRANSFER PETITION IN SUPREME COURT OF INDIA

(i) Affidavit of the petitioner duly sworn is to be filed along with the transfer petition.

(ii) Annexures as referred to in the Transfer Petition, with court fees of Rs.2/- per annexure are filed in the transfer petition.

(iii) 1+5 copies of the Transfer Petition are filed which are duly bound.

(iv) Court fee of Rs.50/- per petitioner for civil matters, for criminal matters, no fees is required in the Transfer Petition in Supreme Court of India.

(v) Index is filed at the top of the petition.

(vi) Cover page containing the title and other details is to be filed along with the transfer petition in Supreme Court of India.

(vii) Application for interim relief, stay, exemption etc. is to be filed.

(viii) Memo of appearance, Rs. 5/- Court fee is to be filed along with the transfer petition in Supreme Court of India.

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