What is a Transfer Petition ?
Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power can be and generally is exercised by the Supreme Court of India if the matter suffices the need for justice. Hence wide powers are given to the Supreme Court to order a transfer if it feels that the ends of justice so require.
Divorce Transfer Petition in Supreme Court in case of Husband..
Generally in supreme court divorce transfer petition in supreme court are filed. Is filed by wife when husband files the petition in matrimonial home and wife is residing at parental home at some other state
Rather as a matter of fact the Husband cannot be always made to suffer and there are judgments passed by the SC wherein he can counter the allegations made by the wife and protect himself from being further harassed. Defense of these could be described as follows:
- If the wife claims to have a minor child then grandparents can be asked to look after the child and merely on this ground the petition should not be transferred (Anandita Das v. Sirjit Dey (2006))
- If the wife claims a far distance then effort to prevent a transfer the husband can make an offer to bear IInd class AC tickets for the woman to travel and her stay expenses. This is normally considered by the court.
- If the wife claims a threat to her life and she cannot commute strong proof is required to be shown and merely by stating fear to her life the court will not be inclined to transfer the same as held by Hon’ble Supreme Court in Priti Sharma v. Manjeet Sharma – (2005)– the court, in the case of a wife seeking transfer on the grounds of being unemployed and unable commute, categorically held “merely because petitioner is a lady does not mean she cannot travel” and the transfer petition was dismissed.
- Men who have kids custody with them can rely onJaishree Banarjee v. Abhirup Banarjee (1997) 11 SCC 107 to get proceedings transferred in their favour.
Himani Virendra Bajaj vs Virendra Bajaj on 6 October, 2017
Transfer petition in supreme court favour of husband By Video confrencing
This petition has been filed by the petitioner-wife for transfer of Petition No.A3157/2016, titled as “Mr. Virendra Bajaj vs. Ms. Himani Virendra Bajaj”, pending in the Court of Ms. M.M. Thakare, Principal Judge, Family Court at Bandra, Mumbai, to the Court of Principal Judge, Family Court, District West, Tis Hazari Courts, Delhi. As jointly prayed for by learned counsel for the parties, the matter is referred to the Mediation Centre at Tis Hazari Courts, Delhi.
We direct the parties to appear before the said Mediation Centre on 06.11.2017 at 11 A.M. The Mediator would endeavour to explore the possibility of an amicable settlement between the parties. In case the mediation does not succeed, the trial shall be conducted and facilitated by the Principal Signature Not Verified Judge, Family Court at Bandra, Mumbai, through Video Digitally signed by SANJAY KUMAR Date: 2017.10.10 16:57:07 IST Reason:
We further direct that caution and care shall be taken by the Principal Judge, Family Court at Bandra, Mumbai, to ensure that the witnesses be examined in a place where there is no possibility of outside influence being exerted on them, in case a separate room for conducting video conferencing is not available. With the aforesaid directions, the transfer petition stands disposed of.
Needless to mention that in case, the facility of video conferencing is not available in the Principal Judge, Family Court at Bandra, Mumbai, the District Judge at Bandra, Mumbai, shall provide the facility of video conferencing at a suitable place at Mumbai.
- Husband Transfer petition admitted in Karnav Shah Vs. Shweta Shah
Issue notice returnable in four weeks. In the meanwhile, there shall be a stay of further proceedings in criminal application No.500566/2017 titled “Shweta Vs. Karnav Shah” pending before the Court of Judicial Magistrate First Class, Indore Court at Madhya Pradesh and in MJC No.274/2018 titled “Shweta Vs. Karnav” Signature Not Verified pending before the Court of Additional First Principal Digitally signed by SANJAY KUMAR Date: 2018.08.29 17:22:55 IST Reason:
Judge, Indore Court at Madhya Pradesh. The petitioner – husband is directed to deposit Rs.25,000/- in the Registry of this Court within two weeks for litigation expenses of the respondent – wife.