A transfer petition is a petition filed in the court seeking transfer of the case from state agencies to a central body or from one High Court to another or from High Court to Supreme Court. This is done usually to ensure a fair trial, ensure justice, avoid delay or inconvenience, etc.
the provision of power of the Supreme Court to transfer the petitions is dealt with under Section 25 of the Code of Civil Procedure, 1908.Under Section 25 of the Code of Civil Procedure the Hon’ble Supreme Court has the power to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State.
In a divorce petition filed in the Supreme Court, the husband files a divorce petition in the state where he resides and the wife usually moves to her home/parent state. So in such cases, the wife moves for the transfer of such a petition on the grounds that she cannot afford to travel to that place where the petition is normally filed or she cannot leave her child behind, or that she faces threats when she goes to defend the proceedings. The court does not always take a sympathetic view towards her as the court cannot always make the husband suffer. The husband can take a defense that if the wife claims to have a minor child then grandparents can be asked to look after the child and so merely based on having a minor the transfer petition cannot be granted to her.
specify the grounds on which you may be seeking the transfer of case the grounds are mentioned below.
a) Prejudice in that jurisdiction: that husband family is very influential and will hamper fair proceedings.
b) Threat to life: Again being influential is a good ground for having a threat to life.
c) Being a single women without any support: If there is no support from father side then that is also a good ground for seeking transfer.
d) Medical history: medical proof should be attached in case of medical ailment.
e) Old and ailing parents.
f) No source of income: if wife is not working it’s a good ground.
g) Simultaneous jurisdiction