V109- Transfer of Husband-Wife / Divorce etc. cases by Supreme Court | Wife's right to transfer

00:00 - Introduction 01:04 - Power of High Courts to Transfer Cases 01:30 - Power of the Supreme Court to Transfer Cases 02:28 - Transfer of Civil Cases 02:52 - Transfer of Criminal Cases 03:09 - Requirements to be Considered by Supreme Court for Transfer 03:20 - Grounds to get a Case Transferred by Wife 05:26 - Grounds to get a Case Transferred by Husband 06:32 - Mediation to resolve Matrimonial Dispute 07:21 - Conclusion ________ PRESENTED BY: Prashant Kanha, Advocate on Record, Supreme Court of India, New Delhi. He is based out of Delhi and practices law mainly in the Supreme Court of India and High Court of Delhi, conducts arbitration as an arbitrator as well as a lawyer besides practicing before many other courts and Tribunals across India in various fields with the help of his team of lawyers. IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO CONTACT AT +91 9599732224 or +91 9910843777 over WhatsApp or call on +91 8920718595. *****DISCLAIMER***** THE ABOVE VIDEO IS NEITHER AN ADVERTISEMENT NOR A LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES. All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice. ###-----ABSTRACT-----#### The Divorce Transfer Petitions are filed in the Supreme Court in case the party seeks to transfer the case from a civil court (or high court) of one state to the civil court (or high court) of another state. Usually, it is filed by the wife, when the husband files the petition in matrimonial home and wife is residing at some other state or parental home. The court invariably takes a sympathetic view toward the wife’s plea for transfer, but this is not always the case. The husband too can file a transfer petition on the grounds that his profession does not allow regular leaves and travelling. In that case, the husband should give an undertaking that all the expenses of travelling and accommodation for the wife will be paid by him. GENRAL PRINCIPLES OF TRANSFER In Dr. Subramaniam Swamy v. Radhakrishna Hegde (1990) 1 SCC 4, the Supreme Court held that the paramount consideration for transfer of a case under section 25 of the code of Civil Procedure must be the 'requirement of justice.' It was held that the mere convenience of the parties of anyone of them may not be enough for the exercise of power, but it must also be shown that a trial in the chosen forum will result in denial of justice. The Court further held that if the ends of justice so demand and the transfer of the case is imperative, there should be no hesitation to transfer the case. POWER OF HIGH COURT TO TRANSFER CIVIL CASES Section 24 of the Code of Civil Procedure (CPC) empowers the High Courts to transfer a case from one court to another court within the same state if it deems necessary for the interest of justice. The High Court can exercise this power either on its own motion or on an application made by any of the parties to the case. In matrimonial disputes, the High Courts can transfer cases from one district court to another district court within the same state. This is usually done to ensure that the case is heard in a court which is more convenient to the parties or where the proceedings are likely to be disposed of more expeditiously. POWER OF SUPREME COURT TO TRANSFER CIVIL CASES Section 25 of the CPC empowers the Supreme Court to transfer any case, appeal, or other proceedings from one High Court to another High Court, or from a subordinate court to a High Court or from one subordinate court to another subordinate court, if it is necessary for the ends of justice. In matrimonial disputes, the Supreme Court may exercise this power to transfer a case from one High Court to another High Court if it believes that it is necessary to do so in the interests of justice. This may be done if the parties reside in different states or if there are other compelling reasons for the case to be heard in a different High Court. POWER OF SUPREME COURT TO TRANSFER CRIMINAL CASES Section 406 of the Code of Criminal Procedure (CrPC) provides that the Supreme Court may transfer any criminal case, appeal or other proceeding pending before a High Court or any other court in one State to a High Court or any other court in another State or to itself. The power to transfer a criminal case is discretionary and can be exercised by the Supreme Court in the interest of justice, for the convenience of the parties or witnesses, to prevent abuse of the process of the court or any other appropriate reasons. REQUIREMENTS TO BE CONSIDERED BY COURTS FOR TRANSFERRING A CASE 1) Interest of Justice 2) Convenience of Parties 3) Stage of Proceedings 4) Abuse of Process 5) Safety of Parties