Divorce transfer at sc by wife

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1. Too late to shout now. Experts noticed the mute point well in your first enquiry and now there is nothign else to note except un-finished gyan to cover - up the next time. Would have been better if ‘pressed” before Bench then and there instead of walking out in flat 1 minute. Reasoning: Before SC any TP(c ) does not stand more than 1 minute test under family law.

Strategy and facts to remember to fight Transfer Petitions

Normally, Husband or wife can put transfer petition to transfer the petition from the place where it is initiated to the place of convenience.

If the source place and the destination place are in the same state then transfer petition has to be put in the high court of the same state.

If the source place and the destination place are in the different state then transfer petition has to be put in the Supreme Court.

Typical grounds taken by wife in the transfer petitions are below.

Point 1     - Having a child
Point 2     - Travel is unsafe being a lady
Point 3     - Expenses required for travel
Point 4     - Threat to life at Husband’s place
Point 5     - Husband is very influential in his place
Point 6     - Inconvenience to travel long distance

Counters for the above 6 most common hydraulic powers of metro wives !.

COUNTER OF POINT 1 : One of the parents of the wife can look after the child and another can accompany her. Some of the precedence where this court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 27 OF 2005)

COUNTER OF POINT 2 : Just because she is a lady does not mean that she cannot travel a distance of just 8 hours. Supreme court also accepted this fact recently while disposing the "TP (CIVIL) NOS.117-118 OF 2004" while passing the following order.

"The grounds made out are that the Petitioner is an unemployed lady and totally dependent on her uncle and that she will be hard pressed to defend the Suit at Muzaffar Nagar. It is also claimed that there is a Petition for restitution of conjugal rights and certain other proceedings pending in Delhi. In our view, no substantial ground for transfer has been made out. If the Petitioner wishes that all cases be tried at one place, she may apply for the same and we will transfer the cases pending in Delhi to Muzaffar Nagar. Merely because the Petitioner is a lady does not mean she cannot travel to Muzaffar Nagar. At the highest she can be paid expenses for travel and stay. We, therefore, direct that the Respondent shall pay to the Respondent and a companion travel and stay expenses on every occasion that the Petitioner is required to go to Muzaffar Nagar. The Court at Muzaffar Nagar shall ensure that such payment is made to the Petitioner on every occasion. With these directions, the Transfer Petitions are dismissed."


Just because she is a lady does not mean that she cannot travel a distance of just 8 hours. The respondent wants to bring to the kind attention of the honorable court that in general ladies are misusing the leniency shown by this honorable court in regard to the transfer petition. Supreme court also accepted this fact recently while disposing the "TP (CIVIL) NO.191 OF 2005" while passing the following order.


"Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of transfer petitions are filed by women taking advantage of the leniency taken by this Court. On an average at least 10 to 15 transfer petitions are on Board of each Court on each admission day. It is, therefore, clear that leniency of this Court is being misused by the women. This Court is now required to consider each petition on its merit. In this case the ground taken by the wife is that she has a small child and that there is nobody to keep her child. The child, in this case, is six years old and there are grand parents available to look after the child. The Respondent is willing to pay all expenses for travel and stay for the Petitioner and her companion for every visit when the Petitioner is required to attend the Court at Delhi. Thus, the ground that the Petitioner has no source of income is adequately met. Except for stating that her health is not good, no particulars are given. On the ground that she is not able to come to Delhi to attend the Court on a particular date, she can always apply for exemption and her application will undoubtedly be considered on its merit. Hence, no ground for transfer has been made out. Accordingly, we dismiss the Transfer Petition. We, however, direct that the Respondent shall pay all travel and stay expenses of the Petitioner and her companion for each and every occasion when she is required to attend the Court at Delhi".

COUNTER OF POINT 3 : Ready to pay all expenses but mention that this will be paid on actual. Husband is willing to pay reasonable expenses to wife whenever she is required to travel for these cases. Some of the precedence where Supreme Court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 23 OF 2005, TP(C) No. 24/2005, TP (CIVIL) NO. 27 OF 2005, TP(C) No. 61/2005, TP (Civil) No.66 of 2003, TP (Civil) No.136 of 2003, TP (CIVIL.) NO(s). 212 OF 2006, TP (CIVIL.) NO(s). 142 OF 2005, TP (CIVIL) NOS.117-118 OF 2004, TP NO..416 OF 2004, T.P.(C) No. 489 OF 2004, TP (CIVIL.) NO(s). 561 OF 2004, TP (CIVIL.) NO(s). 191 OF 2005, TP(C) NO.195 OF 2005, TP (CIVIL) NO.243 OF 2005, TP (CIVIL.) NO(s). 245 OF 2005, TP(C) NO.246 OF 2005, TP (CIVIL.) NO(s). 302 OF 2005, TP NO.393 OF 2005, TP (C) NO. 414/2005, TP (CIVIL) NO.459 OF 2005, TP (C) NO. 564 OF 2005, TP (C) NO. 686 OF 2005, TP (CIVIL.) NO(s). 698 OF 2005, TP (CIVIL.) NO(s). 722 OF 2005, TP (CIVIL) NO.725 OF 2005, TP (CIVIL.) NO(s). 741 OF 2005, TP (CIVIL.) NO(s). 743 OF 2005, TP (CIVIL.) NO(s). 746 OF 2005, TP (CIVIL.) NO(s). 759 OF 2005, TP (CIVIL.) NO(s). 769 OF 2005, TP (C) NO. 798 OF 2005),.

COUNTER OF POINT 4 : You have to mention that you too face a threat at her place. You need to argue that in that case it should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case you have to give her travel and staying expenses. But this should be a last ditch effort. You should not mention this point of neutral place in the petition. In case your lawyer feel that judge may transfer the petition then only this method should be used.

COUNTER OF POINT 5 : You have to mention that wife’s family is also influential in their place. You need to argue that in that case it should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case you have to give her travel and staying expenses. But this should be a last ditch effort. You should not mention this point of neutral place in the petition. In case your lawyer feel that judge may transfer the petition then only this method should be used.

COUNTER OF POINT 6 : The distance between place A and B is not so far that it will cause inconvenience to wife. Some of the precedence where this court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 23 OF 2005, TP (C) No. 61/2005, TP (Civil) No.66 of 2003, TP (CIVIL.) NO(s). 142 OF 2005, TP (CIVIL) NOS.117-118 of 2004).  

"Winning or loosing the case is not in our hand but fighting the case tooth and nail is in our hand"

A live illustration J

ITEM NO.19 COURT NO.6 SECTION XVIA

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

TRANSFER PETITION (CIVIL) NO.1268 OF 2009
(For Prel. Hearing)

INES MIRANDA - Petitioner(s)

VERSUS

SANTOSH K SWAMY - Respondent(s)

(With appln(s) for ex-parte stay)

Date: 14/12/2009 This Petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE DALVEER BHANDARI
HON'BLE MR. JUSTICE A.K. PATNAIK

For Petitioner(s) Mr. S. Gurukrishna Kumar,Adv.

Mr. S.R. Setia,Adv.

For Respondent(s)

UPON hearing counsel the Court made the following

O R D E R

The petitioner is seeking transfer of the case from Chennai to Bangalore. Her contention is that it is inconvenient for her to look after the case at Chennai because she is working in Bangalore and has a small child. Learned counsel appearing on behalf of the petitioner submits that it would not be inconvenient for the respondent-husband to prosecute the case in Bangalore as he is unemployed.

The petitioner is directed to pay Rupees ten thousand as traveling expenses to the respondent since he is unemployed. Upon deposit of this amount, notice would be issued and the proceeding before the Trial Court shall be stayed.

[ Alka Dudeja ] [ Neeru Bala Vij ]
Court Master    Court Master

Thank you for this Fantastic illustration Sirjee!!!

Thanks a lot Tajob sir! Great help!

Thanks Amit, and other experts

Best of luck cm jain sir.

Yes.it is possible to withdraw the petition filled by you & transferred to her place by SC.

You can file fresh divorce petition at your place & make her again approach SC for transfer & shell out money for that.

It is advisable if are fighting your case in-person, as you will also have to shell out money for the process & if do not mind delay in proceedings.

i strongly advise the author not to agreevate the situation; with malafide intentions.

Can I pray on the basis of " principles of natural justice ground" stating that my old age parents are witness and mother is old age lady so court shud consider the leniency for an old woman and review the decision.

or file an review petition.

Yes.You can file review petition in SC.

If review petition is dismissed,you can file curative petition as well.

Thanks to all experts and freinds!