Caveat India

Transfer Petition in Divorce Cases

Transfer Petition in Divorce Cases in Supreme Court

Transfer Petition in Divorce Cases in Supreme Court in divorce cases essentially means when a divorce cases is filed in one state and the wife resides in the other state or the wife files a divorce case in one state and the husband resides in another state, either the husband or wife who feels or has grounds enough to contest may present a transfer petition of the divorce case.

Transfer Petition filed by wife in Divorce Cases

When a wife prefers to file a transfer petition in supreme court , it is usually easier to get it transferred considering a few factors which usually the wife contents in her grounds for transfer

  1. When she has already filed a case of maintenance or a domestic violence case already pending in her city
  2. When she contends that it is unsafe to travel all alone
  3. when there is fear of threat to life
  4. when she has custody of child and the child is staying with her
  5. When she is unable to bear expenses of travel
  6. When she has been deserted by the husband

Transfer Petition filed by Husband in Divorce Cases

Transfer petition in Divorce cases, when a husband wants to move the proceedings from one place to another, it’s generally tough. However, each case has its own unique details that affect the outcome. Husbands shouldn’t think transfers happen automatically; sometimes, courts decide against them. Nowadays, courts even offer video conferencing for husbands, which saves travel costs. Sometimes, if a wife and her family pose a threat, courts relocate proceedings to a neutral location. This is becoming more common, but honesty in presenting facts is crucial when dealing with Transfer petition in Divorce cases.

If a wife files for divorce in a place where neither spouse lives, it’s a valid reason for transfer. For instance, in the Dipankar Ghosh vs Moukhi Dutta case, the court moved the proceedings from Agartala to Hyderabad because neither party lived in Agartala. The wife lived in Hyderabad, and the case was filed in Agartala merely to harass the husband, highlighting the importance of Transfer petition in Divorce cases.

In another case, Gayatri Mohapatra v. Ashit Kumar Panda, the Supreme Court allowed the husband’s transfer petition. However, the husband had to cover the expenses for travel and accommodation. This demonstrates the significance of considering Transfer petition in Divorce cases during legal proceedings.

Mediation in Supreme Court

It is most often that parties request the Hon’ble Court for referring the matter to mediation as there are always chances of amicable settlement. Since a party files for transfer of a divorce case  when the  divorce case itself is a fresh one so parties usually feel that more time should be given and see the pros and cons of the litigation, but that usually stretches the litigation. It is always better to use mediation as a tool to help parties sort out their differences and settle the matter. It is also the skill of the mediator which plays a big role to settle matters.

The Hon’ble Supreme Court has  in Krishna Veni Nagam v. Harish Nagam AIR 2017 SC 1345 stressed on the use of technology and appearance  through video conferencing.

For more information for filing transfer petition kindly click here

You may also call at 9873628941 for any kind of information and for assistance in filing transfer petition cases before the Hon’ble Supreme Court of India


Filing a caveat in the Supreme Court of India

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