Introduction – Transfer Petition in Supreme Court

Civil, Matrimonial and Criminal Case Transfers From One State to Another

Litigation becomes particularly difficult when proceedings are instituted in a court hundreds or thousands of kilometres away from where one of the parties lives.

A matrimonial case may be pending in one State while the spouse caring for a minor child resides in another.

Connected matrimonial proceedings may be pending before different Family Courts.

A litigant may have genuine medical difficulty travelling repeatedly.

A party may allege circumstances affecting meaningful participation in proceedings.

Or a criminal case may be pending under the jurisdiction of one High Court while transfer to a court under another High Court is sought in the interests of justice.

Indian law provides different transfer mechanisms depending upon whether the proceeding is:

civil or matrimonial;

criminal;

or

within the same State / High Court jurisdiction rather than between different States.

That distinction should be made before approaching the Supreme Court.

For inter-State civil proceedings, the principal provision is Section 25 of the Code of Civil Procedure, 1908.

For criminal cases under the current procedural framework, the Supreme Court’s transfer power is contained in Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Older criminal proceedings may continue to contain references to Section 406 CrPC depending upon their procedural history and applicable law.

At Ankit Gaurav Kainth & Associates, our litigation practice includes assessment and coordination of civil, matrimonial and criminal transfer matters before the Supreme Court according to the facts, present forum and applicable statutory provision.

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What Is a Transfer Petition in the Supreme Court?

A Transfer Petition asks the Supreme Court to transfer a pending judicial proceeding from one court to another where the statutory requirements are satisfied.

However, the Supreme Court does not transfer cases merely because another forum would be more convenient.

The Court considers whether transfer is justified within the governing statutory test and the interests or ends of justice.

The legal basis depends upon the type of proceeding.

Civil / Matrimonial Transfer

Section 25 CPC

Criminal Transfer

Section 446 BNSS

For legacy criminal matters, Section 406 CrPC may still appear in the record.

These provisions should not be used interchangeably.

Section 25 CPC – Civil and Matrimonial Transfer Petitions

Section 25 CPC empowers the Supreme Court, on an application by a party and after notice and hearing, to transfer:

• a suit;
• appeal; or
• other civil proceeding

from a High Court or Civil Court in one State to a High Court or Civil Court in another State where the Court considers transfer expedient for the ends of justice.

This provision is frequently invoked in matrimonial proceedings.

Examples may include transfer of:

• divorce petitions;
• restitution proceedings;
• guardianship or custody-related civil proceedings;
• matrimonial cases;
• certain civil suits;
• appeals; and
• other qualifying civil proceedings.

The precise maintainability depends upon the nature and location of the pending case.

Supreme Court Transfer and High Court Transfer Are Different

Not every transfer dispute needs to reach the Supreme Court.

This distinction is important.

Different Courts Within the Same State / High Court Structure

Sections 22, 23 and 24 CPC may become relevant depending upon the circumstances.

Civil Case From One State to Another

Section 25 CPC may provide the Supreme Court route where its statutory requirements are satisfied.

Similarly, in criminal matters, the BNSS contains separate powers for the Supreme Court and High Courts.

A litigant should therefore not file a Supreme Court Transfer Petition merely because they prefer another district within the same State.

The existing court hierarchy and transfer provisions should first be examined.

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Transfer of a Divorce Petition to Dwarka Family Court

A spouse residing in Delhi may seek transfer of matrimonial proceedings pending in another State to a competent Family Court in Delhi.

Where the proposed transferee court is Dwarka Family Court, the petition should identify why that Court would have the appropriate territorial and subject-matter jurisdiction after transfer.

The Supreme Court has in fact transferred matrimonial proceedings from courts in other States to the Principal Judge, Family Court at Dwarka Courts in appropriate cases.

The petition should accurately identify:

existing case → present court → proposed transferee court → grounds → connected proceedings → supporting documents.

Section 446 BNSS – Criminal Transfer Petitions

For current criminal procedure, the Supreme Court’s power to transfer criminal cases and appeals is contained in Section 446 BNSS.

The provision permits the Supreme Court, where transfer is considered expedient for the ends of justice, to direct transfer of:

• a particular case or appeal from one High Court to another High Court; or
• a criminal case from a court subordinate to one High Court to a criminal court of equal or superior jurisdiction subordinate to another High Court.

This is the present statutory provision corresponding broadly to former Section 406 CrPC.

A current-law page should therefore centre Section 446 BNSS rather than describing Section 406 CrPC as the only criminal-transfer provision.

Section 406 CrPC – Why It Still Appears

Section 406 of the Code of Criminal Procedure, 1973 historically governed the Supreme Court’s transfer power in criminal cases.

Because criminal proceedings can span several years, older matters and legacy pleadings may continue to contain Section 406 references depending upon when the proceedings began and the applicable transitional framework.

Therefore, it remains useful as a search and historical reference.

But for current BNSS proceedings, the primary provision is:

Section 446 BNSS.

Criminal Transfer Is Not the Same as Transfer of Investigation

This distinction is especially important.

A petition under Section 446 BNSS concerns transfer of criminal cases or appeals within the statutory framework.

It should not be described as though it automatically transfers a police investigation from one State or agency to another.

Requests concerning investigation by another agency or transfer of investigation raise different legal principles and may require a different constitutional or statutory remedy.

The page should therefore avoid suggesting that every allegation of local influence in an investigation can simply be solved through a Section 446 Transfer Petition.

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Grounds in a Criminal Transfer Petition

A criminal transfer application requires stronger analysis than merely alleging that the opposite party has “local influence”.

Depending upon the case, the petition may rely upon circumstances said to affect:

• fair and impartial adjudication;
• safety;
• meaningful participation;
• interests of justice;
• connected proceedings;
• unusual logistical circumstances;
• or another legally relevant consideration.

Serious allegations concerning bias or local influence should be supported by specific facts.

Courts ordinarily distinguish between a genuine reasonable apprehension concerning justice and a merely speculative fear.

Transfer is an exceptional judicial remedy, not a device for choosing a preferred forum.

Section 446 Application – Who Can Apply?

Section 446 BNSS provides that the Supreme Court may act on the application of:

• the Attorney-General of India; or
• a party interested.

The application is made by motion and, except in the situations provided by the statute, is supported by affidavit or affirmation.

This procedural requirement reinforces why a transfer application should contain verified facts rather than general allegations.

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Transfer Within the Same High Court Jurisdiction – Section 447 BNSS

Section 447 BNSS gives the High Court transfer powers in criminal matters in the circumstances specified in that provision.

This is important because not every criminal transfer request belongs before the Supreme Court.

For example, where transfer is sought between criminal courts subordinate to the same High Court, the High Court’s statutory transfer jurisdiction may be relevant.

Further, where the proposed transfer is between courts within the same Sessions Division, the statutory sequence concerning an application to the Sessions Judge should also be examined.

Forum selection should therefore be the first step.

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Stay of Proceedings During a Transfer Petition

A party filing a Transfer Petition may also consider seeking interim stay of the proceedings before the existing court.

However:

filing a Transfer Petition does not automatically stay the underlying case.

Where interim protection is sought, an appropriate application may be filed.

The Supreme Court may:

• issue notice;
• grant interim stay;
• decline stay;
• seek response;
• or pass another appropriate direction.

Until a stay order is actually passed, the existing proceedings should not simply be ignored.

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What Happens After Notice Is Issued?

Where the Supreme Court finds that the matter warrants consideration, notice may be issued to the respondent.

The respondent may:

• appear;
• file counter-affidavit;
• oppose transfer;
• propose an alternative forum;
• point out hardship;
• raise factual objections;
• or agree to transfer.

The petitioner’s factual claims should therefore be capable of withstanding scrutiny.

An exaggerated petition can lose credibility once the respondent produces contrary documents.

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Counter-Affidavit in a Transfer Petition

A respondent opposing transfer should not simply state:

“I oppose the petition.”

The response may explain:

• why the existing court is appropriate;
• petitioner’s actual residence;
• employment circumstances;
• absence of claimed hardship;
• respondent’s own financial or medical difficulty;
• minor children or dependants;
• connected proceedings;
• availability of video conferencing;
• travel arrangements;
• or another fact affecting the balance of convenience.

Transfer litigation requires comparison of competing hardship.

Can the Respondent Suggest Another Court?

Depending upon the circumstances, parties may propose an alternative venue.

For example, one spouse seeks transfer from City A to City B.

The other may contend that City C provides a more balanced solution.

Whether such an alternative is legally and practically appropriate depends upon jurisdiction and the facts.

The Supreme Court retains control over the transfer order.

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Supreme Court Mediation During Transfer Proceedings

Matrimonial Transfer Petitions sometimes become an opportunity for the parties to explore settlement.

The Supreme Court may refer parties to mediation, including the Supreme Court Mediation Centre.

Mediation can potentially address:

• divorce;
• permanent alimony;
• maintenance;
• custody;
• visitation;
• property;
• pending litigation;
• criminal complaints;
• and final settlement.

If settlement succeeds, the dispute may move far beyond the narrow issue of which court should hear the case.

But mediation is not guaranteed and cannot be forced into a settlement.

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Can the Supreme Court Grant Divorce During a Transfer Petition?

A Transfer Petition is principally concerned with transfer.

However, matrimonial Transfer Petitions sometimes result in comprehensive settlement between the spouses.

Depending upon the procedural circumstances and relief sought, parties may seek appropriate orders based upon settlement.

The Supreme Court has constitutional powers under Article 142, but parties should not assume at the beginning that every Transfer Petition will automatically result in dissolution of marriage by the Supreme Court.

The procedural course depends upon the case and Court’s orders.

Documents Required for a Civil / Matrimonial Transfer Petition

Depending upon the case, useful documents may include:

Pending Case Documents

• petition/plaint filed in the existing court;
• summons or notice;
• orders passed;
• case status;
• next date.

Personal Circumstances

• residence proof;
• employment records;
• income material;
• medical documents;
• child-related documents;
• school records.

Connected Proceedings

• maintenance petition;
• Domestic Violence case;
• custody proceedings;
• FIR or criminal complaint;
• other matrimonial cases;
• mediation records.

Travel / Hardship Material

Where relevant:

• travel distance;
• medical restrictions;
• childcare records;
• financial circumstances;
• employment constraints.

Every document should support a pleaded fact.

Documents for Criminal Transfer Petitions

Depending upon the case, relevant material may include:

• FIR;
• complaint;
• chargesheet;
• cognizance or summoning order;
• trial-court orders;
• bail orders;
• witness-related documents;
• previous transfer applications;
• orders of Sessions Court or High Court where relevant;
• documents supporting safety or fairness concerns;
• and connected proceedings.

The petition should accurately identify the criminal case sought to be transferred.

The Petition Must Identify the Correct Courts

A transfer prayer should not simply say:

“Transfer the case to Delhi.”

The petition should ordinarily identify:

• case title;
• case number;
• present court;
• State;
• proceeding sought to be transferred;
• proposed transferee court or competent court;
• and legal basis for transfer.

For example:

from Principal Judge, Family Court, X

to

Principal Judge, Family Court, Dwarka Courts, New Delhi

where legally appropriate.

Precision matters because the transfer order must ultimately be capable of implementation.

Advocate-on-Record and Supreme Court Filing

Supreme Court litigation follows its own procedural rules.

A Supreme Court matter is ordinarily filed and conducted through the Advocate-on-Record framework, subject to the Rules governing party-in-person proceedings and other permitted representation.

The Supreme Court Registry scrutinises the filing for procedural compliance.

Defects may require curing before the matter is placed for effective listing.

Therefore, Supreme Court litigation should not be described merely as:

draft petition → upload → immediate hearing.

Registry compliance forms part of the process.

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General Procedure for Filing a Transfer Petition

A Transfer Petition commonly involves the following stages:

Step 1 – Examine Maintainability

Determine whether the correct provision is:

• Section 25 CPC;
• Section 446 BNSS;
• High Court transfer jurisdiction;
• or another remedy.

Step 2 – Collect the Complete Record

Obtain the pending case, orders, summons and supporting documents.

Step 3 – Identify Transfer Grounds

The petition should explain the actual hardship or interests-of-justice issue.

Step 4 – Draft Transfer Petition and Affidavit

Facts should be stated accurately and supported by documents.

Step 5 – Prepare Interim Application Where Required

For example, an application seeking stay of underlying proceedings.

Step 6 – Supreme Court Filing and Registry Scrutiny

The filing must comply with applicable Supreme Court Rules and Registry requirements.

Step 7 – Preliminary Consideration

The Court may consider whether notice should issue.

Step 8 – Notice to Respondent

Where notice is issued, the respondent receives an opportunity to contest.

Step 9 – Counter-Affidavit / Response

Factual disputes concerning hardship and convenience may be addressed.

Step 10 – Hearing

The Court considers whether transfer is justified.

Step 11 – Transfer Order or Dismissal

If transfer is allowed, directions identify the transferee court.

Step 12 – Transmission and Continuation

The transferred proceeding ordinarily continues in accordance with the transfer order and governing law.

The precise procedure may differ depending upon the case.

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Does the Entire Case Start Again After Transfer?

Not necessarily.

Section 25 CPC expressly recognises that, subject to any special directions in the transfer order, the transferee court may either retry the proceeding or continue from the stage at which it was transferred.

Therefore, parties should not assume that transfer automatically erases all prior proceedings.

The Supreme Court’s directions should be read carefully.

Which Law Applies After a Civil Case Is Transferred?

Section 25 CPC also provides that the law applicable to the transferred proceeding remains the law that the original court ought to have applied.

This is important because transferring the forum does not necessarily permit a party to change the substantive legal framework governing the original dispute.

Transfer concerns forum and administration of justice—not rewriting the underlying law.

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Is Personal Appearance Required in the Supreme Court?

In many Transfer Petitions, the parties are represented through their legal representatives and personal appearance may not be required for every hearing.

However, the Court may direct personal or virtual participation where necessary, including in mediation or settlement-related proceedings.

A party should therefore follow the specific order rather than assume that they will never need to participate.

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How Long Does a Supreme Court Transfer Petition Take?

No fixed duration should be promised.

The timeline may depend upon:

• Registry scrutiny;
• curing of filing defects;
• listing;
• service of notice;
• respondent’s appearance;
• counter-affidavit;
• mediation;
• interim applications;
• adjournments;
• and Court directions.

Some matters may be resolved comparatively quickly.

Others may remain pending longer.

A legal-services page should not promise disposal within “a few weeks”.

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Can a Transfer Petition Be Dismissed?

Yes.

Transfer is not automatic.

A petition may fail because:

• statutory jurisdiction is incorrect;
• hardship is insufficiently demonstrated;
• allegations are unsupported;
• another mechanism adequately addresses the concern;
• comparative convenience favours the existing forum;
• facts disclosed by the respondent alter the balance;
• or transfer is otherwise not considered expedient for the ends of justice.

Under Sections 25 CPC and 446 BNSS, frivolous or vexatious transfer applications may also attract consequences contemplated by the respective statutory provisions.

A Transfer Petition should therefore be filed on genuine and supportable grounds.

Transfer Petition Is Not Forum Shopping

A litigant cannot ordinarily seek transfer merely because:

“I think the other court will be more favourable.”

A transfer mechanism exists to promote justice, fairness and meaningful access to adjudication.

It should not be used to search for a preferred judge or perceived tactical advantage.

Likewise, unsupported accusations against a court, judge, lawyers or local system should not be casually inserted into a petition.

Where fairness concerns genuinely exist, they should be pleaded responsibly and supported by facts.

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Common Mistakes in Matrimonial Transfer Petitions

Generic Hardship

Writing only:

“The petitioner is a woman and it is difficult to travel.”

without explaining the actual circumstances.

Incorrect Address

Using an address that is inconsistent with employment or other records.

Omitting Connected Proceedings

Failing to disclose another matrimonial case already pending in the proposed State.

Exaggerating Distance

The petition should use accurate travel facts.

Ignoring the Respondent’s Hardship

Transfer involves comparative convenience.

Assuming Wife’s Convenience Is Conclusive

It is relevant, but not an inflexible automatic rule.

Treating Video Conferencing as Irrelevant

The availability or inadequacy of remote participation may need to be addressed.

Common Mistakes in Criminal Transfer Petitions

Using Section 406 CrPC as the Only Current Provision

For present BNSS proceedings, Section 446 should be examined.

Confusing Case Transfer With Investigation Transfer

They involve different legal questions.

Making Vague Allegations of Influence

The petition should disclose specific supporting facts.

Failing to Identify the Correct Transferee Court

The prayer must be practically executable.

Ignoring High Court Transfer Jurisdiction

Not every criminal transfer belongs before the Supreme Court.

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Transfer Petition From Another State to Delhi

A litigant seeking transfer to Delhi should not build the petition merely around the fact that Delhi is more convenient.

The petition should explain:

• why the current forum creates real difficulty;
• why Delhi is the appropriate proposed forum;
• where the petitioner resides;
• where connected proceedings are pending;
• whether minor children are involved;
• financial or medical circumstances;
• and why transfer would better serve the ends of justice.

The proposed court in Delhi should also be legally competent to receive the proceeding.

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Transfer Petition From Delhi to Another State

Our assessment is not limited to people seeking transfer into Delhi.

A person may instead seek transfer of proceedings pending before:

• Dwarka Family Court;
• another Delhi District Court;
• or another Delhi civil/criminal court

to a competent court in another State.

The same principle applies:

the petition should follow the statutory test rather than a Delhi-centric assumption.

Transfer law concerns justice between forums, not preference for one particular State.

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Supreme Court Transfer Petition and Settlement Strategy

Before filing, parties should also consider whether the real dispute concerns more than geography.

Sometimes the parties are fighting simultaneously over:

• divorce;
• maintenance;
• custody;
• criminal complaints;
• property;
• and transfer.

In such circumstances, a transfer proceeding may become part of a wider settlement strategy.

But a party should not make unreasonable settlement demands merely because the other side faces travel hardship.

Any negotiated resolution should address the underlying matrimonial or commercial conflict on its merits.

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Our Approach to Supreme Court Transfer Matters

Our assessment generally follows:

pending case → present court → proposed court → civil or criminal classification → applicable transfer provision → connected proceedings → comparative hardship → documents → interim stay requirement → Supreme Court filing → response → mediation, if any → final transfer order → continuation before transferee court.

For matrimonial cases, we also examine:

children → maintenance → residence → employment → health → pending DV/FIR/custody proceedings → possibility of broader settlement.

For criminal cases:

case stage → present High Court jurisdiction → proposed criminal court → fairness concern → connected proceedings → Section 446 requirements.

The objective is to identify whether a Supreme Court Transfer Petition is legally necessary before it is filed.

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Frequently Asked Questions

What is a Transfer Petition in the Supreme Court?

It is a proceeding seeking transfer of a pending case from one judicial forum to another where the Supreme Court has statutory transfer jurisdiction and the legal test is satisfied.

Which provision applies to civil and matrimonial Transfer Petitions?

Inter-State civil and matrimonial transfers before the Supreme Court are principally governed by Section 25 CPC.

Which provision presently applies to criminal Transfer Petitions?

For current BNSS proceedings, the Supreme Court’s transfer power is contained in Section 446 BNSS.

What happened to Section 406 CrPC?

Section 406 was the corresponding criminal-transfer provision under the CrPC. It remains relevant to older proceedings where the legacy framework applies.

Can the Supreme Court transfer a divorce case from one State to another?

Yes, in an appropriate case under Section 25 CPC where the Court considers transfer expedient for the ends of justice.

Is the wife’s transfer request always allowed?

No. Her hardship and convenience may be important considerations, but the Supreme Court examines the total circumstances and does not apply an inflexible automatic rule.

Can responsibility for minor children support transfer?

It can be relevant, particularly where childcare materially affects the ability to travel and participate in proceedings.

Can health problems support a Transfer Petition?

Yes, where genuine medical hardship affects participation and is appropriately supported.

Can a criminal case be transferred under Section 446 BNSS?

Yes, Section 446 provides the Supreme Court power to transfer qualifying criminal cases and appeals within its statutory framework.

Can Section 446 BNSS be used simply to transfer police investigation?

A transfer of criminal proceedings under Section 446 should not be confused with a request to transfer investigation, which raises separate legal issues.

Does filing a Transfer Petition automatically stay the trial?

No. Interim stay must be sought and granted by the Court. Filing alone does not automatically suspend the underlying proceeding.

Can the Supreme Court refer the parties to mediation?

Yes. Matrimonial Transfer Petitions are sometimes referred to mediation where the Court considers settlement worth exploring.

Do I have to appear personally on every Supreme Court date?

Not necessarily. Parties are generally represented according to Supreme Court procedure, though personal or virtual participation may be directed in appropriate circumstances.

Does the transferred case begin again from zero?

Not necessarily. In a Section 25 civil transfer, the transferee court may proceed from the existing stage subject to the Supreme Court’s directions.

How long will a Transfer Petition take?

There is no guaranteed timeline. Registry scrutiny, notice, service, response, mediation and Court directions can all affect duration.

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Conclusion

A Transfer Petition in the Supreme Court should not be presented simply as:

“My case is far away, therefore transfer it nearer to me.”

A properly prepared transfer matter requires examination of:

the existing proceeding → applicable civil or criminal provision → Supreme Court jurisdiction → comparative hardship → connected litigation → supporting documents → proposed transferee court → interim protection → and ends of justice.

For civil and matrimonial proceedings, Section 25 CPC remains the principal Supreme Court transfer provision.

For current criminal proceedings, Section 446 BNSS should now be at the centre of the analysis, with Section 406 CrPC retained only where relevant to the legacy procedural framework.

Transfer is discretionary.

Distance may matter.

Childcare may matter.

Health may matter.

Financial circumstances may matter.

Fair-trial concerns may matter.

Connected cases may matter.

But no single factor automatically determines the result.

The central question is whether transfer, after considering the circumstances of both sides, is expedient for the ends of justice.

Disclaimer: This page provides general legal information concerning Supreme Court Transfer Petitions. It does not constitute legal advice or guarantee transfer, stay, mediation, timeline or any particular judicial result. Maintainability and relief depend upon the nature, forum, facts and procedural history of each case.

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— Ankit Gaurav Kainth & Associates (Advocate dwarka) (@ankitkainthadv) April 7, 2026

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