Case transfer petition in supreme court


Hi,

I stay in Bangalore after separation and my husband has filed a Reconstitution of Conjugal rights petition in Mumbai. While i have filed a divorce petition in Bangalore, I want to file a transfer petition in Supreme court for transfer of RoCR case from Mumbai to Bangalore. Pls advise how long does it take to put a stay on the petition after I file the petition and how long does it take for actual transfer of the case. Being a lady, it is not possible for me to travel every month for hearing of RoCR case in Mumbai. Request your advise.

 
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exec

it is useless to run around the courts, if both of you have contrary views on marriage, your husband has filed RCR only to avoid the maintainence amount he has to pay, since you have filed for divorce, and if you are ready to forego the maintainence money, convey this to your husband straightforward,and he will take back the RCR case, and both of you can go for MCD, fighting in courts willl only make both your lawyers richer and you poorer, besides the mental tension for the next 4 to 5 years, part ways peacefully, live life peacefully

 
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Senior Manager (Legal)

You have a right to file Transfer Petition before Supreme court. But we are unable to say how may days or months,it took, for transfer. But minimum you should have to wait 6 to 12 months, if your husband cooperates for transfer. Or otherwise, the transfer petition will be decided on merits, at a later stage. When once you file a transfer petition, the other cases will also be not moving, if you have filed a stay petition. So you are not loosing tentatively.

 
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Advocate-on-Record Supreme Court of India

Dear Querist,

 

You may file Transfer Petition under Section 25 of the Civil Procedure Code, 1908 read with Order XXXVI of the Supreme Court Rules, 1966 seeking transfer of RoCR Petition now pending in the Family Court, Mumbai, M.H. to the Ld. Family Court, Bangaluru Karnataka. The time taken for disposal of the TP although vary from case to case, however, it may be anytime between 3 to 6 months.

 

Trust this would suffice.

 

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

 
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Transfer petition in Supreme Court-Flavor of The season

Yes, this is how the transfer petition in supreme court for matrimonial cases are being addressed by the Hon’ble Supreme Court. Every second wife is before the Supreme Court seeking transfer of the cases from one state to another and perhaps they were lucky enough to get the same as and when the Judges find that the petitioner is the women. But since the harassment suffered by the husband due to the false cases already pending against them and finally the Hon’ble Supreme Court Refusing to transfer a matrimonial dispute to the wife’s convenience, a Supreme Court Bench comprising of Chief Justice H.L. Dattu and Justice A.K. Sikri, observed, “Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. We had become too liberal in acceding to their requests. But the husbands also have a right. Why the husbands should be always made to suffer.”

Hon’ble Supreme Court has stated that these petitions be not disposed of in favor of the wife’s without critically assessing the term “doctrine of forum convenience’ which means –‘the best forum’ or a forum where a fair trial can be had’. Because normally there is a presumption that if a petitioner has filed a case in a court having jurisdiction – it is the best forum. The burden is on the person seeking a transfer to prove to the court that if the proceedings are not transferred then the petitioner would suffer irreparable injustice, on the merits of the case (going unrepresented in the case) and with respect to personal life (loss of job/health/safety issues), would also have to prove that the latter is irreparable in monetary terms and many other factors.

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. Instances of these could be described as follows:

  1. 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))
  2. 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.
  3. 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.
  4. 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.
  5. Men can take the courts to the merits of the case and show the false case already filed by the wife and the courts are bound to consider the same while deciding the transfer petitions.

Advocate Nitish Banka

Advocate Supreme court

 
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Posted by: nitish788  Categories: Uncategorized 
 

 

Transfer Petition Supreme Court Recent trend

These days Hon’ble Supreme court is not lenient in allowing transfer petition in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam

In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.

 

17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.

18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

i) Availability of video conferencing facility.

ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.

transfer petition के लिए चित्र परिणाम

 

But recently, I was successful in admitting one of my transfer petition in Hon’ble Supreme Court on the ground that the proceedings were vitiated by fraud.

In that proceedings the husband has deliberately filed the petition at a far off place only to harass the wife. the Hon’ble Supreme Court accepted this is a valid ground for entertaining the petition and issued notice.

There can be other grounds as well like-:

a. Manipulation of court records.

b. Attack on wife.

c. Petition filed to harass wife

d. Petition filed without jurisdiction by reading petition only.

 

For husband the judgement of  Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands  for defending transfer petition supreme court.

By-:

Advocate Nitish Banka

Supreme Court of India

 
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Transfer Petition in Supreme Court of India-All about

Transfer petition in supreme court is entertained Under Section 25 of the Code of Civil Procedure the Hon’ble Supreme Court has the power 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 may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of 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

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

Transfer Petition in Supreme Court

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:

  1. 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))

 

  1. 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.

 

  1. 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.

 

 

  1. 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.

Transfer Petition Format

1.A short synopsis

A short and simple synopsis outlining the grounds you wish seek before the Hon’ble supreme court is a must, your synopsis must be crisp and to the point and relates to only facts which forms the ground for seeking the transfer.

2. Details of the case

Specify the complete details of the case you wish to get it transfer from one court to another also specify the court in which you wish to seek the transfer of the case.

3. Grounds

Specify the grounds on which you may be seeking the transfer of case the grounds are mentioned below.

a) prejudice in that jurisdiction

that husband family is very influential and will hamper fair proceedings.

b)Threat to life

Again being influential is a good ground for having a threat to life.

c) being a single women without any support.

if there is no support from father side then that is also a good ground for seeking transfer.

d) medical history

medical proof should be attached in case of medical ailment.

e) old and ailing parents.

f) No source of income

if wife is not working its a good ground.

g) Simultaneous jurisdiction.

4. Interim Relief

You must also pray for interim relief of stay of proceedings of the case you wish to seek transfer.

Criminal Transfer Petition in Supreme court

Section 406 of the Code of Criminal Procedure gives power to the Supreme Court to transfer criminal cases and appeals pending in 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. The Supreme Court can act under the section only on the application of the Attorney General or of a party interested. Where an application under Section 406 Of The Code of Criminal Procedure is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious order the applicant to pay by way of compensation to the respondent such sum not exceeding Rs 1000.

 

Recent Judgments

These days Hon’ble Supreme court is not lenient in allowing transfer petition in supreme court in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam

In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.

 

17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.

18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

i) Availability of video conferencing facility.

ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.

 

For husband the judgement of  Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands  for defending transfer petition supreme court.

However this Judgement is referred to higher bench still there is hope for wife. However

There can be other grounds as well like-:

a. Manipulation of court records.

b. Attack on wife.

c. Petition filed to harass wife

d. Petition filed without jurisdiction by reading petition only.

 
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