TRANSFER PETITION BEFORE SUPREME COURT OF INDIA

Transfer petition can be presented at various stages of a trail. They can be presented before the High court or the Supreme Court. The court depending on reasons or cause provided, will seek transfer of petition of the parties to transfer the case to any other district or state or to any other court. Here the civil cases can be transferred under section 25 of The Civil Procedure Code, 1908. The criminal cases can be transferred under section 406 of The Criminal Procedure Code, 1973.


Under section 25 of CPC Supreme Court has discretionary power, can only transfer case if the court feels that the grounds are valid for such transfer. In majority of the cases, matters are related to marriages.

For instance, if the respondent is a women regarding divorce plea the elements which are considered are inconvenience to travel, expenses for travel, threat to life at husbands place, husband is an influential person, not in the position to leave the child.

The transfer of such cases are not only restricted to marriage disputes also involves different cases where the court may deem fit.

The Supreme Court shall dismiss such application if it is of opinion that such application was frivolous or vexatious and order the applicant to pay by way of compensation a sum not exceeding two thousand rupees as it may consider appropriate as per the circumstances of the case.


Under Section 406 of the Crpc explains the inherent powers of the Supreme Court that it may direct any particular case or appeal be transferred from 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.


Section 406(2) states that the Supreme court can pass such order only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, be supported by affidavit or affirmation except when the applicant is the Attorney-General of India or the Advocate-General of the State.


Section 406(3) further provides that the Supreme Court shall dismiss such application if it is of opinion that such application was frivolous or vexatious and order the applicant to pay by way of compensation a sum not exceeding one thousand rupees as it may consider appropriate as per the circumstances of the case.





Credit: Vinita shetty

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