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Transfer Petition

Transfer Petition in Supreme Court of India

Transfer Petition in Supreme Court of India

Transfer Petition in Supreme Court of India are usually filed in Divorce Cases in Matrimonial Cases.

This happens when one party files a divorce case in one state and the other party is unable to appear due to unavoidable circumstances in the trial court of another state .

Usually when the woman who is non working is resident of another state and the husband is residing in another state, the wife may present a petition for transfer before the Hon’ble Supreme Court.

Grounds may include distance , threat or even health reasons depending upon circumstances of the case in case of Transfer Petition in Supreme Court of India.

Every transfer petition is accompanied by a copy of the matter which is pending in a trial court in another state.

         Stay of proceedings for which transfer is sought

Caveat Petition  is usually accompanied by an application for stay. It is because till the Hon’ble Supreme Court decides the transfer petition , the divorce case or any other case for which transfer is sought is stayed.

When other cases already pending in the place to which transfer is sought

For example when a wife files for transfer  petition in matrimonial cases and she has already filed cases in the trial court within the jurisdiction where she resides then it also acts as a ground that since the other party is already appearing in those cases he may as well appear in this .This makes the case stronger for the woman.

I have only expressed my opinion based  on my experiences . The examples i have cited as mostly in matrimonial cases and in most cases the grounds are similar as stated  here in above. However there are instances of    transfer petition for other matters also. For information kindly visit http://taps9.com.

Author

Tapan Choudhury

Advocate

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