Divorce Transfer Petition to Supreme Court
The Supreme Court of India has the responsibility of doing justice. It has the power to transfer any case that is pending before a High Court or another court in India (even at the investigation stage), to a jurisdictional court in India. The Supreme Court invokes the transfer authority from the Constitution of India and the Supreme Court Rules, Code of Civil Procedure, and Criminal Procedure Code. A Petition can be filed according to the applicable statute, depending on whether it is a civil or criminal case. For civil matrimonial disputes, the petition must be filed under section 25 of the Code of Civil Procedures. The Court has the power to transfer criminal matrimonial cases by using section 406 of the Code of Criminal Procedure. The Supreme Court can transfer any suit or appeal, complaint, or FIR from a High Court, other civil court or session court or magisterial state to a High Court, other civil court or session court or magisterial state. BestDivorceLawyersDelhi is here to help you out with all the issues you are facing in transferring the case to Supreme Court or High Court.
What Is Matrimonial Conflict?
Matrimonial is simply a term that refers to marriage or the union of married persons. Matrimonial disputes include cases between couples, such as restitution of conjugal rights, divorce, maintenance, child custody, and case u/s498A IPC. It is common to see couples file cases against one another at their convenience, often to harass the other.
What Is The Deadline To File The Transfer Petition?
A divorce transfer petition in Supreme Court can be filed when the case is to be transferred from one jurisdiction to another. The Husband may have filed a divorce case in Pune, while his wife is in Delhi. The Hon’ble Supreme Court of India can transfer a case for divorce from Pune to Delhi.
A transfer petition may also be filed at the High Court. The High Court has the authority to transfer the case to another District. The Husband may have filed a divorce case against his wife in Ghaziabad, but the wife lives in Varanasi. The Hon’ble High Court of Allahabad can transfer a divorce case from Ghaziabad into Varanasi for a wife.
Types And Categories Of Transfer Petitions In The Supreme Court
There are two types of Transfer Petitions filed at the Supreme Court.
- Transfer Petition Civil: This is the name of the petition that allows civil cases to be transferred. It is called Transfer Civil Petition
- Transfer Petition Criminal: When Criminal cases are transferred, it’s called Transfer Petition Crime.
Transfer Petition in High court, Supreme Court
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FAQ
Procedure According To The Code Of Civil Procedure (1908)
An individual can file a petition to transfer a case from one judge to another. This is done by applying an affidavit detailing the reasons for the transfer. Section 22 of the Code states that a defendant may apply for a transfer if he or she gives notice to the other party. Section 24 states that any party may apply for transfer. Before granting an order of transfer, the court must give notice to the other party. Notice is an important part of the process and must be given to the other party regarding the transfer.
Procedure According To The Code Of Criminal Procedure 1973
The party seeking to transfer must submit an affidavit supporting the application that states the grounds for transfer. This affidavit must conform with section 297 of the Code.
Section 407(4) states that an accused may apply for transfer to the High Court. The High Court can direct the accused to execute a bond with or without sureties to pay any compensation the High Court may award. Sub-section (5) of section 407 requires that any accused who files a transfer application must give written notice to the Public Prosecutor of the application and a copy detailing the reasons for the request. No order will be made on the merits of an application unless at least 24 hours have passed between the notice being given and the hearing.
Can a husband file a transfer petition at the Supreme Court for a divorce case?
Yes, a husband may file a Supreme Court transfer petition to transfer a matrimonial issue from one high Court or one civil court.
The Civil Procedure Code Section 25 contains all relevant provisions.
In general, a petition for a transfer relating to a matrimonial dispute shall take into account the convenience of the wife.
How much does it cost to file a petition at the Supreme Court or High Court?
The amount of the matter will determine the cost. The petitioner must pay the Court fee stamp depending on how much money is involved. There are also many additional costs such as the hiring of an attorney, so it is difficult to give the exact cost of filing a petition at the High Court or Supreme Court.
Who is eligible to file a petition at the supreme court of India?
“Anybody” may file a petition in the supreme court and high courts in India, “if and only if” the person who was wrongfully treated is protected by the constitution.
Another method is to review the petition
Only the parties or the court can accept the petition.
If the Supreme Court makes a ruling in a case, and if the aggrieved side is not satisfied, they can file a petition for review on any error in that judgement. However, the Supreme Court will not entertain it if there isn’t strong evidence to support the error.
If the Supreme Court is satisfied with the error in the judgment, it can amend its judgement in the same case.
How long does a judge take to rule on transferring a divorce case from India to India?
It takes 3 to 6 months, but it is easier for women than for men. Unless and until the man proves that the woman filed a case elsewhere to exact revenge and cause mental agony.
