When a case is pending in one State but circumstances make it necessary to seek transfer to a court in another State, a Transfer Petition may in appropriate cases be filed before the Supreme Court of India.

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Transfer petitions commonly arise in matrimonial disputes where spouses are living in different States, but transfer jurisdiction is not limited only to divorce cases. Depending on the nature of the proceedings, the Supreme Court may consider transfer of civil proceedings or criminal cases under the applicable statutory provisions.

A Transfer Petition Lawyer can assist with assessing whether the Supreme Court has jurisdiction, identifying the correct statutory provision, preparing the petition and supporting affidavit, seeking interim protection where appropriate and representing the matter through the Supreme Court process.

Taps9 Law provides legal assistance in Supreme Court Transfer Petition matters, subject to the facts, maintainability and jurisdiction of each case.

Quick Answer: A Transfer Petition asks the Supreme Court to move an appropriate case from a court in one State to a court in another State. Civil transfers are commonly sought under Section 25 of the Code of Civil Procedure, while criminal transfers are governed by the applicable criminal-procedure provisions, including Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for proceedings governed by the current law.

What Is a Transfer Petition?

A Transfer Petition is an application asking a competent higher court to transfer an existing case from one court to another.

The correct forum depends on:

• the nature of the case;
• the courts between which transfer is requested;
• whether those courts are within the same State;
• whether different High Courts are involved;
• and the statute governing the proceeding.

When transfer is sought between courts situated in different States in an appropriate civil matter, the Supreme Court’s power under Section 25 of the Code of Civil Procedure may become relevant.

Criminal proceedings have a separate statutory framework.

A transfer petition should therefore not be prepared using a generic template without first identifying the correct legal provision.

Transfer Petition Under Section 25 of the Code of Civil Procedure

Section 25 of the Code of Civil Procedure, 1908 empowers the Supreme Court, on an application by a party, to transfer a suit, appeal or other civil proceeding from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State where the Court is satisfied that transfer is expedient for the ends of justice.

The application is made by motion and is supported by an affidavit.

This provision is frequently invoked in matrimonial transfer petitions where family or matrimonial proceedings are pending in one State and transfer is sought to another State.

Recent Supreme Court records continue to show matrimonial Transfer Petitions filed under Section 25 CPC read with Order XLI of the Supreme Court Rules, 2013.

Matrimonial Transfer Petitions in the Supreme Court

Matrimonial disputes are one of the common contexts in which Transfer Petitions arise.

For example, a divorce, restitution, annulment or other matrimonial proceeding may have been filed in one State while the other spouse resides in another State.

A spouse may then seek transfer of the proceeding to another competent court.

However, transfer is not automatic simply because the parties live in different cities.

The Supreme Court considers the circumstances of each case.

The petition should clearly explain why transfer is being requested and how the proposed transfer relates to the ends of justice.

Common Circumstances Raised in Matrimonial Transfer Petitions

Depending on the facts, a petitioner may rely on circumstances such as:

• residence in a different State;
• responsibility for a minor child;
• serious difficulty in travelling;
• financial constraints;
• medical circumstances;
• safety-related concerns supported by appropriate material;
• connected proceedings pending in another court;
• distance between the courts;
• practical hardship in repeatedly attending proceedings;
• or other circumstances relevant to justice and convenience.

These are not automatic grounds.

The Court examines the actual facts and may accept or reject the request.

A Transfer Petition should therefore avoid exaggerated or unsupported allegations.

Does the Supreme Court Always Transfer a Wife’s Matrimonial Case?

No.

It would be incorrect to state that every transfer application filed by a wife is automatically allowed.

Convenience, responsibility for children, financial circumstances and other practical factors may be relevant, but the Supreme Court decides each matter on its facts.

There are also cases in which matrimonial transfer petitions have been dismissed after considering the submissions of the parties.

No lawyer can responsibly guarantee that a Transfer Petition will be allowed.

Transfer Petition Filed by a Husband

A husband may also file a Transfer Petition where legally maintainable grounds exist.

The Court does not decide the matter simply on the basis of whether the petitioner is the husband or wife.

The petition must explain why the requested transfer is justified in the circumstances.

Recent Supreme Court proceedings also show Transfer Petitions filed by husbands seeking transfer of matrimonial proceedings between States.

Section 25 CPC and Matrimonial Cases

Section 25 CPC is particularly important when a civil or matrimonial proceeding is sought to be transferred from a court in one State to a competent court in another State.

Under the provision, the Supreme Court considers whether transfer is expedient for the ends of justice.

The petition should identify:

• the case sought to be transferred;
• the present court;
• the proposed transferee court;
• relevant case number;
• nature of the proceeding;
• status of the proceeding;
• and grounds relied upon.

The factual statements are ordinarily supported by an affidavit and relevant annexures.

Transfer of Matrimonial Petitions Under the Hindu Marriage Act

The Hindu Marriage Act also contains Section 21A, which addresses particular situations involving petitions for judicial separation or divorce filed by both spouses.

Where the statutory conditions of Section 21A apply and petitions are filed in different district courts, the provision deals with the manner in which the proceedings are to be consolidated or transferred.

This is distinct from simply assuming that every interstate matrimonial transfer application is governed exclusively by Section 21A.

The applicable provision must be determined from the actual procedural situation.

Criminal Transfer Petition in the Supreme Court

Criminal Transfer Petitions follow a different legal framework from civil Transfer Petitions.

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 446 deals with the Supreme Court’s power to transfer criminal cases and appeals.

The provision allows the Supreme Court, where transfer is expedient for the ends of justice, to direct transfer:

• from one High Court to another High Court; or
• from a Criminal Court subordinate to one High Court to a Criminal Court of equal or superior jurisdiction subordinate to another High Court.

The application may be made by the Attorney-General of India or an interested party, subject to the statutory requirements.

Section 406 CrPC vs Section 446 BNSS

Older judgments, pleadings and online articles frequently refer to Section 406 of the Code of Criminal Procedure, 1973.

Under the current criminal-procedure framework, the corresponding Supreme Court transfer provision is Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for proceedings governed by the new law.

The BNSS came into force on 1 July 2024.

Because transitional issues may depend on when the underlying proceeding began and other legal circumstances, old references should not simply be replaced mechanically without reviewing the actual case.

This is particularly important when updating older website content.

When Can a Criminal Case Be Transferred?

A criminal transfer petition is not simply a method of choosing a more convenient court.

The applicant must establish legally relevant reasons for seeking transfer.

Depending on the case, concerns may relate to:

• fair administration of justice;
• circumstances affecting impartial proceedings;
• parties or witnesses situated across jurisdictions;
• connected proceedings;
• or other legally relevant factors.

The Supreme Court assesses the particular facts before deciding whether transfer is warranted.

Transfer Within the Same State vs Transfer Between States

This distinction is important.

Transfer Between Different States

Where an appropriate civil proceeding is sought to be transferred from one State to another, Section 25 CPC may give jurisdiction to the Supreme Court.

For appropriate criminal matters between jurisdictions subordinate to different High Courts, Section 446 BNSS may be relevant.

Transfer Within the Same State

If both courts are within the jurisdiction of the same High Court or subordinate judicial structure, the appropriate transfer application may lie before a District Court, Sessions Court or High Court depending on the nature of the case and applicable statute.

A Supreme Court petition should not be filed merely because a party wants a change of court.

Jurisdiction must first be determined.

Transfer Petition From One State to Another

A common example is where matrimonial proceedings are pending in:

• Delhi while one spouse lives in Kolkata;
• Haryana while the other spouse lives in Delhi;
• Rajasthan while the other party resides in Maharashtra;
• or another interstate combination.

The fact that the parties now live in different States is only the starting point.

The petition should explain the practical circumstances and why transfer to the requested court would serve the ends of justice.

What Documents Are Commonly Required?

The documents depend on the nature of the case.

A Transfer Petition may commonly require review of documents such as:

• copy of the petition or proceeding sought to be transferred;
• summons or notice issued by the existing court;
• relevant court orders;
• case status information;
• marriage-related documents in matrimonial cases;
• residence documents where relevant;
• documents relating to minor children;
• medical documents where medical circumstances are relied upon;
• documents concerning connected proceedings;
• previous court orders;
• and other material supporting the grounds of transfer.

The petition must accurately identify the existing proceeding and proposed transferee court.

What Is Included in a Transfer Petition?

A properly prepared petition may contain:

• cause title;
• jurisdictional statement;
• details of the pending case;
• chronology or list of dates;
• relevant factual background;
• grounds for transfer;
• details of connected litigation;
• prayer for transfer;
• supporting affidavit;
• annexures;
• and interlocutory applications where required.

The precise filing format must comply with the current Supreme Court Rules and filing requirements.

Supreme Court Rules for Transfer Petitions

Transfer Petitions before the Supreme Court are subject to the Supreme Court Rules.

Order XLI of the Supreme Court Rules, 2013 addresses Transfer Petitions and requires relevant facts, details of the court where the matter is pending and the grounds on which transfer is sought to be stated clearly.

The Supreme Court Rules are periodically amended, so current filing requirements should always be checked before filing.

Can a Stay of the Existing Proceedings Be Requested?

A petitioner may in appropriate circumstances seek interim relief in connection with the Transfer Petition.

For example, Supreme Court records show Transfer Petitions accompanied by applications seeking stay of proceedings pending before the original court.

However, a stay is not automatic merely because a Transfer Petition has been filed.

The Court decides whether interim protection should be granted.

Until an appropriate stay order is passed, parties should not assume that the original proceeding has automatically stopped.

What Happens After a Transfer Petition Is Filed?

The exact process varies depending on the case, but the broad stages may include:

1. Filing and Scrutiny

The Transfer Petition and accompanying documents are filed and examined for procedural compliance.

2. Preliminary Consideration

The matter may be placed before the Court for preliminary hearing.

3. Notice

Where appropriate, notice may be issued to the respondent.

4. Interim Relief

An application for stay or other interim relief may be considered where filed and legally justified.

5. Response

The respondent may contest the transfer request and file appropriate pleadings.

6. Hearing

The Court considers the circumstances and submissions of the parties.

7. Final Order

The Supreme Court may allow or dismiss the Transfer Petition or pass another appropriate order.

If transfer is ordered, further proceedings continue before the court identified in the transfer order, subject to the directions issued by the Supreme Court.

Can the Respondent Oppose a Transfer Petition?

Yes.

A respondent receiving notice of a Transfer Petition may oppose the request.

Possible issues may include:

• disputed facts;
• greater hardship caused by the proposed transfer;
• convenience of witnesses;
• location of connected proceedings;
• existing court arrangements;
• incorrect jurisdictional assertions;
• or other circumstances relevant to the request.

The respondent should review the petition and court records carefully before filing a response.

What Happens if Both Parties Have Cases in Different States?

Matrimonial disputes sometimes result in several connected proceedings being filed in different locations.

For example:

• a divorce proceeding may be pending in one State;
• a maintenance proceeding in another;
• a custody case in another court;
• and a connected criminal proceeding elsewhere.

The existence of multiple cases can be relevant, but it does not automatically mean every proceeding will be transferred to one location.

Each proceeding must be considered under the statute governing it.

Transfer Petition and Child Custody

Responsibility for a minor child may be a relevant factual circumstance in matrimonial Transfer Petition matters.

The petitioner should provide accurate information regarding:

• child’s age;
• present residence;
• school;
• caregiving responsibilities;
• travel difficulties;
• and relevant custody orders.

A child should not be used merely as a standard phrase in a transfer petition where the factual circumstances do not support the claim.

For detailed information on custody matters, see our Child Custody Lawyer page.

Transfer Petition and Divorce Proceedings

Transfer Petitions frequently arise in contested matrimonial proceedings when a divorce case has been instituted in another State.

The transfer issue and the merits of the divorce case are separate questions.

The Supreme Court deciding whether a case should be transferred is not at that stage automatically determining whether divorce should ultimately be granted.

For information about the main matrimonial proceeding, see our Divorce Lawyer guide.

Can a Mutual Consent Divorce Require a Transfer Petition?

Where both spouses have reached a settlement and intend to proceed through mutual consent divorce, the appropriate strategy depends on the existing proceedings, jurisdiction and settlement.

A Transfer Petition may not always be necessary simply because an existing contested divorce case is pending in another State.

The complete procedural situation should first be reviewed.

See our Mutual Consent Divorce Lawyer page for more information.

How Long Does a Supreme Court Transfer Petition Take?

There is no fixed or guaranteed period applicable to every Transfer Petition.

Time may depend on:

• filing scrutiny;
• service of notice;
• response by the opposite party;
• interim applications;
• Supreme Court listing;
• mediation or settlement discussions where applicable;
• and the individual circumstances of the matter.

A specific result or disposal date should not be promised.

Can a Transfer Petition Be Dismissed?

Yes.

Transfer is discretionary and depends on the applicable legal standard and circumstances.

The Supreme Court may dismiss a petition if it does not find sufficient reason to order transfer.

Section 25 CPC also contains a provision concerning frivolous or vexatious transfer applications.

A Transfer Petition should therefore be prepared around genuine legal and factual circumstances rather than as a tactic to delay proceedings.

Can the Supreme Court Send Parties to Mediation?

In matrimonial disputes, settlement possibilities may arise during Supreme Court proceedings.

Supreme Court records show transfer matters in which mediation applications or settlement efforts have been considered.

Whether mediation is appropriate depends on the nature and circumstances of the particular case.

A Transfer Petition itself should not be confused with a divorce settlement proceeding.

How Can a Transfer Petition Lawyer Assist?

A Transfer Petition Lawyer may assist with:

• identifying whether Supreme Court jurisdiction is available;
• determining whether the matter is civil or criminal;
• identifying the correct statutory provision;
• reviewing the proceeding sought to be transferred;
• assessing the proposed transferee court;
• preparing the petition;
• preparing the supporting affidavit;
• compiling annexures;
• preparing applications for interim relief where appropriate;
• responding to a Transfer Petition;
• coordinating filing requirements;
• and assisting with representation before the Supreme Court.

The strategy should be based on the actual case rather than a generic Transfer Petition format.

Transfer Petition Assistance for Clients Across India

Because Supreme Court Transfer Petitions often involve proceedings pending in different States, Taps9 Law may receive enquiries from individuals located in Delhi, Greater Noida, Kolkata, Pune, Bengaluru and other locations.

The city from which a client contacts the office does not itself determine whether the Supreme Court has jurisdiction.

The nature of the proceeding, existing court and proposed transferee court must first be examined.

Frequently Asked Questions About Transfer Petitions

What is a Transfer Petition in the Supreme Court?

It is a petition requesting the Supreme Court to transfer an appropriate pending proceeding from one court or State to another in accordance with the applicable legal provision.

Which section applies to a civil Transfer Petition?

Section 25 of the Code of Civil Procedure, 1908 is an important provision governing Supreme Court transfer of civil suits, appeals and other proceedings between States.

Which section applies to a criminal Transfer Petition?

For matters governed by the current criminal procedure law, Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the Supreme Court’s power to transfer criminal cases and appeals.

Is Section 406 CrPC still used?

Section 406 belonged to the Code of Criminal Procedure, 1973. The corresponding current provision under the BNSS is Section 446. Transitional legal questions may depend on the underlying proceeding and should be reviewed individually.

Can a divorce case be transferred from one State to another?

In an appropriate case, a party may seek transfer of a matrimonial proceeding between States before the Supreme Court under the applicable legal provision.

Does a Transfer Petition automatically stay the divorce case?

No. Filing a Transfer Petition does not by itself mean that the original proceeding is stayed. Interim relief must be sought and granted where appropriate.

Can a husband file a Transfer Petition?

Yes. Transfer jurisdiction is not available only to wives. The Court considers the grounds and circumstances of each application.

Can the respondent object to transfer?

Yes. The respondent may oppose the petition and explain why the requested transfer should not be granted.

Is inconvenience alone sufficient for transfer?

The Court assesses the complete circumstances. A Transfer Petition should explain the actual hardship or justice-related basis for requesting transfer rather than relying on a vague statement of inconvenience.

Can multiple matrimonial cases be transferred together?

That depends on the nature, jurisdiction and statutory basis of each proceeding. Connected proceedings may be relevant, but separate legal provisions can apply.

Can a criminal case be transferred to another State?

Section 446 BNSS allows the Supreme Court to transfer qualifying criminal cases or appeals across High Court jurisdictions where the statutory conditions are satisfied.

Is a Transfer Petition the same as an appeal?

No. A Transfer Petition generally concerns the forum in which an existing proceeding will continue. It does not by itself decide the merits of the underlying case.

What documents should I provide to a Transfer Petition lawyer?

Provide the petition or complaint pending in the existing court, summons, orders, current case status, information about connected proceedings and documents supporting the factual grounds on which transfer is requested.

Speak With Taps9 Law About a Supreme Court Transfer Petition

If you are considering transfer of a matrimonial, civil or criminal proceeding between States, the first step should be to identify the exact proceeding, existing court and proposed court.

Before consultation, it is useful to keep available:

• case number;
• court name;
• copy of the pending petition or complaint;
• latest court orders;
• date of next hearing;
• current residence details;
• information regarding connected cases;
• relevant child-related details in matrimonial matters;
• and documents supporting the reason transfer is requested.

Law Office of Tapan Choudhury Phone: +91 98736 28941

Information on this page is intended for general legal awareness. Maintainability, jurisdiction, procedure and outcome depend on the facts and applicable law in each case. No particular result can be guaranteed.

Legal Review

Reviewed by: Advocate Tapan Choudhury

Before publication, add only verified professional information:

• State Bar Council:
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• Last Reviewed: September 2026

Official Legal References

For transparency and further reading, link this page to:

• Code of Civil Procedure, 1908 – Section 25
• Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 446
• Supreme Court Rules, 2013 – Order XLI
• Hindu Marriage Act, 1955 – Section 21A
• Supreme Court of India – current Transfer Petition orders and case information