Transfer Petition in Supreme Court of India: Section 25 CPC, Section 446 BNSS, Matrimonial Transfer, Stay & Procedure 2026

Supreme Court of India • Transfer Petition • Section 25 CPC • Section 446 BNSS • Article 139A • Matrimonial Transfer • Criminal Transfer • Stay of Proceedings • Video Conferencing • Pan-India Supreme Court Practice

A Transfer Petition in the Supreme Court of India is the remedy used when a litigant seeks transfer of a pending proceeding from one State to another State, or in appropriate constitutional cases from one High Court to another High Court or from High Courts to the Supreme Court. The governing provision depends on the nature of the case.

For ordinary inter-State civil proceedings, the principal provision is Section 25 of the Code of Civil Procedure, 1908, read with Order XLI of the Supreme Court Rules, 2013. For criminal proceedings, the current provision is Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), corresponding to former Section 406 CrPC, with Supreme Court procedure governed by the applicable Rules including Order XXXIX. Constitutional transfers between High Courts or withdrawal of cases involving common substantial questions of law are governed by Article 139A of the Constitution of India.

Transfer Petitions are especially common in matrimonial litigation, but Supreme Court transfer jurisdiction also covers civil suits, service disputes, commercial proceedings, writ proceedings, criminal cases, complaints and other matters where the statutory or constitutional conditions are met.

Quick legal position

Section 25 CPC empowers the Supreme Court, on the application of 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 transfer is expedient for the ends of justice.
A Section 25 application must be made by motion and supported by an affidavit.
Section 446 BNSS empowers the Supreme Court to transfer a criminal case or appeal from one High Court to another High Court, or from a criminal court subordinate to one High Court to a criminal court of equal or superior jurisdiction subordinate to another High Court, where transfer is expedient for the ends of justice.
Section 446 BNSS applications may be made by the Attorney-General of India or a party interested, and ordinarily require affidavit or affirmation support.
The Supreme Court’s current case-classification system separately recognises Civil Transfer Petitions under Section 25 CPC and Criminal Transfer Petitions under Section 406 CrPC / Section 446 BNSS.
Article 139A(1) deals with withdrawal of cases involving the same or substantially the same substantial questions of law pending before the Supreme Court and one or more High Courts, or before two or more High Courts.
Article 139A(2) permits transfer of a case, appeal or other proceeding from one High Court to another High Court where the Supreme Court considers it expedient for the ends of justice.
A transfer petition is not an appeal on the merits of the underlying dispute.
In matrimonial matters, hardship and effective access to justice—often including the wife’s financial position, children, travel burden and related proceedings—are important considerations, but there is no inflexible rule that every petition by a wife must be allowed.
The Supreme Court may stay further proceedings in the transferor court while the transfer petition is pending.
Video-conferencing availability may be relevant, but it does not automatically eliminate genuine hardship warranting transfer.
Transfer Petitions frequently lead to Supreme Court mediation and, where settlement is reached, connected matrimonial disputes may sometimes be resolved comprehensively in accordance with law.

Which provision applies to a Transfer Petition?

Type of transfer	Principal provision	Typical Supreme Court case type
Civil proceeding from one State to another State	Section 25 CPC	Transfer Petition (Civil)
Criminal case/appeal from one State to another	Section 446 BNSS / Section 406 CrPC where applicable	Transfer Petition (Criminal)
Same/substantially same important legal questions pending in Supreme Court and High Court(s), or multiple High Courts	Article 139A(1)	Transfer Petition / constitutional transfer proceeding
Case, appeal or proceeding from one High Court to another High Court	Article 139A(2)	Transfer Petition

Section 25 CPC: Supreme Court power to transfer civil proceedings

Section 25 CPC is the principal statutory route for inter-State civil transfer. It provides that on the application of a party, after notice to the parties and after hearing those who desire to be heard, the Supreme Court may at any stage transfer a suit, appeal or other proceeding from a High Court or Civil Court in one State to a High Court or Civil Court in another State if the Court is satisfied that transfer is expedient for the ends of justice.

The provision is broad enough to include many kinds of civil proceedings, including matrimonial cases, property disputes, commercial litigation, service-related civil proceedings and other proceedings before civil courts, subject to the statutory framework governing the underlying case.

Section 25 CPC is principally an inter-State transfer power

A recurring mistake is to approach the Supreme Court under Section 25 for a transfer entirely within the same State. Section 25 is framed around transfer from a High Court or Civil Court in one State to a High Court or Civil Court in another State.

Where both the transferor and proposed transferee courts are within the same State, the proper remedy will ordinarily lie before the competent District Court or High Court under Section 24 CPC, depending on the court hierarchy and facts.

Order XLI of the Supreme Court Rules

Transfer Petitions under Section 25 CPC and Article 139A(2) are governed procedurally by Order XLI of the Supreme Court Rules, 2013.

The petition must state succinctly and clearly:

all relevant facts and particulars;
the name of the High Court or other Civil Court where the case is pending;
the case number and current stage;
the proposed transferee court; and
the grounds on which transfer is sought.

The petition must be supported by affidavit. At the preliminary stage, the Supreme Court may dismiss the petition if no prima facie transfer case is made out, or issue notice where a prima facie case is shown.

What is the legal test under Section 25 CPC?

The statutory test is whether transfer is expedient for the ends of justice. Convenience is relevant, but the inquiry is broader than physical distance.

The Supreme Court may consider:

financial capacity of the parties;
distance and travel burden;
care of minor children or dependent family members;
health or disability;
employment constraints;
availability of maintenance or litigation expenses;
related proceedings already pending in one jurisdiction;
possibility of inconsistent findings;
safety concerns;
stage of the case;
location of witnesses and records;
availability and adequacy of video conferencing;
conduct suggesting forum harassment or tactical inconvenience; and
overall ability of each side to participate effectively in the proceeding.

Matrimonial Transfer Petitions in Supreme Court

Matrimonial transfer petitions form a substantial part of Supreme Court transfer practice. Typical situations include a divorce, restitution, guardianship or other matrimonial proceeding filed by one spouse in a State different from where the other spouse is residing.

Common grounds raised include:

the wife has no independent income;
she is caring for a minor child;
the distance requires expensive air or rail travel;
multiple criminal, maintenance or domestic-violence proceedings are already pending where she resides;
there are genuine safety concerns in travelling to the husband’s location;
the wife is medically unable to undertake repeated travel;
the respondent has substantially greater financial ability to travel;
the chosen forum effectively impedes participation; or
all connected matrimonial disputes can be more efficiently adjudicated in one territorial jurisdiction.

2026 Supreme Court: hardship to wife is important, but not an automatic rule

In Kunta Nihasvi @ Gaddam Madhuri v. Kunta Srinivas, decided on 19 January 2026, the Supreme Court set aside a High Court order that had refused transfer of matrimonial proceedings. The Court held that courts should remain mindful of the hardship caused to a wife where refusal of transfer would impede her effective participation and that such hardship may not always be cured merely through maintenance, travel expenses or virtual participation.

At the same time, the Supreme Court expressly cautioned that the principle favouring the wife’s convenience is not an inflexible rule. If the facts show that the balance of convenience genuinely lies in favour of the husband or that transfer is sought for harassment, the court may refuse transfer.

This 2026 formulation is particularly important because it corrects two opposite misconceptions: first, that video conferencing always defeats a transfer request; and second, that a wife is automatically entitled to transfer in every matrimonial case.

Related proceedings in one city can be a major factor

In Kunta Nihasvi, the Supreme Court also considered that other disputes between the parties were already pending in the wife’s jurisdiction. Concentrating connected proceedings in one territorial area may reduce repetitive travel and facilitate meaningful participation.

Accordingly, a matrimonial transfer petition should clearly identify all connected cases, including:

maintenance proceedings;
domestic violence proceedings;
criminal complaints or FIR-related proceedings;
child custody or guardianship cases;
restitution petitions;
execution proceedings; and
previous transfer petitions.

2026 practice: transfer may be allowed while permitting video appearance to the other spouse

In Prasubhukta Prasuna v. Prasubhukta Laxminarayana, Transfer Petition (Civil) No. 764/2025, order dated 24 February 2026, the Supreme Court allowed transfer of a divorce proceeding from Telangana to Andhra Pradesh and expressly permitted the respondent to appear through video conferencing.

This illustrates an increasingly practical approach: transfer and technology are not mutually exclusive. The Court may transfer the proceeding to the more appropriate forum while using video conferencing to reduce the inconvenience to the other side.

Can a husband obtain transfer?

Yes. Section 25 CPC is gender-neutral. A husband may obtain transfer if the facts establish that the ends of justice require it.

Potential circumstances may include:

serious medical disability;
primary care of minor children or dependent parents;
documented financial hardship;
multiple connected cases already pending in the proposed transferee jurisdiction;
demonstrated abuse of forum by the opposite side;
security concerns; or
other facts showing that the balance of justice lies in favour of transfer.

The correct argument is not that one gender is entitled to a preferred forum. The argument should be that, on the particular facts, transfer is necessary to preserve practical access to justice.

Can the Supreme Court stay the matrimonial case while Transfer Petition is pending?

Yes. Transfer Petitions are frequently accompanied by an application seeking stay of further proceedings before the transferor court.

Recent Supreme Court office reports in matrimonial Transfer Petitions show orders issuing notice and staying further proceedings in the pending Family Court case until further orders.

A stay request becomes particularly important where:

evidence is about to be recorded;
an ex parte order is threatened;
the transferor court has fixed the matter for final hearing;
repeated personal appearance is being required;
coercive orders may follow non-appearance; or
continuation of the case would substantially defeat the transfer petition itself.

Transfer Petition and Supreme Court mediation

Transfer Petitions often create an early opportunity for settlement because both parties are already before the Supreme Court and the dispute frequently arises from matrimonial breakdown.

The Supreme Court may refer the parties to mediation, including the Supreme Court Mediation Centre or another appropriate mediation centre. In suitable cases, parties have resolved not only the transfer request but the underlying matrimonial dispute.

Where a comprehensive settlement is reached, parties may seek appropriate consequential orders in accordance with law. Transfer Petition proceedings have, in recent cases, culminated in settlement-based dissolution of marriage under Article 142 where the legal requirements and facts justified such relief.

Section 446 BNSS: Criminal Transfer Petition in Supreme Court

For criminal proceedings, the current statutory provision is Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It corresponds to the former Section 406 CrPC.

Section 446 provides that whenever it appears to the Supreme Court that transfer is expedient for the ends of justice, it may direct that:

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

The Supreme Court’s current case-category framework expressly recognises Criminal Transfer Petitions under Section 406 CrPC / Section 446 BNSS, reflecting the transition between the former and current criminal procedure statutes.

Who can file a Criminal Transfer Petition under Section 446 BNSS?

The Supreme Court may act under Section 446 on the application of:

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

The application is made by motion. Except where the applicant is the Attorney-General of India or the Advocate-General of a State, the application must be supported by affidavit or affirmation.

Grounds for Criminal Transfer Petition

A criminal transfer is not granted merely because the accused, complainant or State prefers another forum. The applicant must show why transfer is required for the ends of justice.

Potential grounds may include:

real and reasonable apprehension that a fair trial cannot be held;
serious local hostility or security risk;
extraordinary witness-protection concerns;
closely connected criminal cases pending in another State;
overwhelming concentration of material witnesses or evidence elsewhere;
risk of conflicting proceedings;
exceptional circumstances affecting impartial administration of justice; or
another substantial reason showing that transfer is required for the ends of justice.

Mere suspicion is not enough in criminal transfer

Allegations of bias or unfairness should be based on objective circumstances. A vague assertion that the local atmosphere is unfavourable, or that a party fears an adverse result, is ordinarily insufficient.

A strong criminal transfer petition should separate:

subjective apprehension;
actual procedural irregularity;
objective security or intimidation material;
documented local influence; and
facts demonstrating a real threat to fair administration of justice.

Frivolous criminal transfer applications can attract compensation

Section 446 BNSS expressly permits the Supreme Court, when dismissing a transfer application that it considers frivolous or vexatious, to direct the applicant to pay compensation to a person who opposed the application in an amount considered appropriate in the circumstances.

This statutory power is another reason criminal transfer petitions should be carefully screened before filing.

Order XXXIX and criminal Transfer Petitions

Current Supreme Court criminal transfer practice reflects filing under Section 446 BNSS read with Order XXXIX of the Supreme Court Rules, 2013. The petition should be drafted as a focused original-jurisdiction proceeding, not as a disguised criminal appeal.

The transfer grounds should address forum and administration of justice rather than the ultimate guilt or innocence of the accused.

Article 139A(1): withdrawal of common questions of law to Supreme Court

Article 139A(1) is different from an ordinary matrimonial or criminal transfer petition. It applies where cases involving the same or substantially the same questions of law are pending:

before the Supreme Court and one or more High Courts; or
before two or more High Courts.

The Supreme Court must also be satisfied that the questions are substantial questions of general importance. The Court may act on its own motion or on an application by the Attorney-General of India or a party to such a case.

If those conditions are met, the Supreme Court may withdraw the relevant High Court case or cases and decide the common legal questions itself. It may thereafter return a withdrawn case to the High Court with its judgment on those questions.

Article 139A(2): transfer from one High Court to another High Court

Article 139A(2) empowers the Supreme Court, where expedient for the ends of justice, to transfer any case, appeal or other proceeding pending before one High Court to another High Court.

This constitutional provision is especially important where the proceeding itself is pending in a High Court and the statutory Section 25 framework is not the only or best analytical route.

Difference between Article 139A and Section 25 CPC

Section 25 CPC	Article 139A
Statutory civil transfer power	Constitutional transfer/withdrawal power
Inter-State civil courts / High Courts	High Court-to-High Court transfer and common-question withdrawal
Application by a party	Article 139A(1) can also operate on Supreme Court’s own motion or AGI application
Ends-of-justice standard	Article 139A(1) additionally requires substantial common questions of general importance

Transfer Petition is not an appeal on merits

The Supreme Court ordinarily does not decide the merits of the underlying matrimonial, civil or criminal dispute while deciding transfer.

The petition should therefore avoid turning into:

a full response to the divorce allegations;
a mini-trial of criminal charges;
a detailed challenge to every interlocutory order; or
a substitute for appellate proceedings.

The relevant question is where the proceeding should fairly and effectively continue.

Can the Supreme Court transfer a case because one party is influential?

Potentially, but influence must be pleaded with precision and supporting material. A bare assertion that the opposite party is “powerful” is weak.

A stronger pleading identifies:

specific office or position held;
documented interference;
threats or intimidation;
witness pressure;
security reports;
prior procedural incidents; and
why ordinary safeguards are inadequate.

Does video conferencing defeat a Transfer Petition?

No automatic rule says that the existence of video conferencing requires dismissal of a transfer petition.

The correct inquiry is whether video participation genuinely neutralises the hardship in the individual case. It may not fully address:

cross-examination requiring physical presence;
mediation or counselling;
document production;
child-related proceedings;
technical or connectivity limitations;
lack of privacy or digital access;
travel still required for significant hearings; or
the burden of conducting multiple connected cases across different States.

Conversely, video conferencing can be used as a balancing device even after transfer, as reflected in 2026 Supreme Court orders permitting the non-transferring spouse to appear virtually except where physical presence is required.

Factors that strengthen a matrimonial Transfer Petition

Clear inter-State jurisdiction.
Minor child residing with the petitioner.
No independent or inadequate income.
Significant travel distance and cost.
Medical condition supported by documents.
Related proceedings already pending in the proposed transferee city.
Demonstrable safety concerns.
Respondent already travelling to that jurisdiction for connected proceedings.
Risk of ex parte progress if transfer is refused.
Prompt filing after receipt of summons.

Factors that can weaken a Transfer Petition

incorrect statutory provision;
both courts being in the same State but Section 25 being invoked;
unexplained delay after participating extensively in the original court;
very advanced stage of trial;
majority of witnesses concentrated in transferor jurisdiction;
petitioner financially and practically capable of participation without meaningful hardship;
respondent suffering greater documented hardship;
material suppression of connected proceedings;
previous transfer petition not disclosed;
facts suggesting forum shopping or tactical delay; or
unsupported allegations of danger or influence.

Documents required for a Civil Transfer Petition

Impugned / pending proceeding petition or plaint.
Summons or notice received from transferor court.
Orders passed to date.
High Court or trial-court case status.
Proof of present residence.
Marriage certificate where relevant.
Birth certificates of minor children where relevant.
Income or financial material relied upon.
Medical records where hardship is medical.
Details and copies of connected proceedings.
Distance / travel material where relied upon.
Transfer Petition with affidavit.
Application for stay, if required.
Application for exemption from official translation, if required.
Application for additional documents, if required.
Vakalatnama / AOR filing documents.

Documents required for a Criminal Transfer Petition

FIR / complaint / charge-sheet or criminal case record relevant to transfer.
Orders passed by the transferor court.
Case status and present stage.
Material supporting apprehension of unfair trial or other transfer ground.
Threat complaints / security material where relied upon.
Details of connected criminal cases.
Witness-location material where relevant.
Transfer Petition under Section 446 BNSS / applicable law.
Supporting affidavit or affirmation.
Application for stay / interim protection where required.
AOR filing papers.

Should a stay application be filed with the Transfer Petition?

If the underlying proceeding is active, a stay application is often important. Without stay, the transferor court may continue to record evidence or even decide the matter while the Transfer Petition is pending.

The stay application should specify:

next date before the transferor court;
stage of proceedings;
what will happen if no stay is granted;
whether personal presence is directed;
whether evidence or final arguments are scheduled; and
why continuation would prejudice the Transfer Petition.

What happens after the Transfer Petition is filed?

The typical sequence is:

filing through the Supreme Court e-filing / AOR process;
Diary Number;
Registry scrutiny and curing of defects;
preliminary hearing;
dismissal at threshold if no prima facie case is shown, or issue of notice;
possible interim stay;
service on respondent;
counter affidavit;
rejoinder where necessary;
possible mediation;
final hearing; and
transfer, refusal of transfer, settlement disposal or other appropriate order.

What happens after transfer is allowed?

Once transfer is ordered, the transferor court is directed to transmit the record to the transferee court. Under Section 25 CPC, the transferee court ordinarily proceeds from the stage at which the case was transferred, subject to any special directions in the Supreme Court’s transfer order.

The Supreme Court may also direct:

virtual appearance for one side;
expeditious disposal;
particular handling of records;
mediation; or
other procedural safeguards.

Does transfer change the substantive law applicable to the case?

Section 25(5) CPC states that the law applicable to the transferred suit, appeal or proceeding remains the law that the original court ought to have applied. Transfer of forum does not by itself rewrite the substantive legal framework governing the dispute.

Can a Transfer Petition be dismissed with costs?

Yes. Section 25 CPC permits compensatory costs where a civil transfer application is found frivolous or vexatious, subject to the statutory provision. Section 446 BNSS separately permits compensation in a dismissed criminal transfer application that the Supreme Court considers frivolous or vexatious.

Transfer jurisdiction should therefore not be used merely to delay the original proceeding.

Transfer Petition versus SLP

A Transfer Petition asks the Supreme Court to change the forum of a pending case. An SLP under Article 136 challenges a judgment or order on merits or legality.

For the broader appellate route, see:

Transfer Petition versus Caveat

A caveat protects the right to be heard if the other side approaches the Supreme Court. A Transfer Petition itself seeks affirmative transfer of proceedings.

A respondent who expects the other side to seek transfer may consider lodging a caveat under the applicable Supreme Court framework. See Caveat in Supreme Court of India: Order XV Rule 2, Section 148A CPC & 90-Day Validity.

Pan-India matrimonial Transfer Petition checklist

Confirm the proceeding is pending in another State.
Identify the correct statutory provision.
Obtain summons and complete copy of the pending case.
Record the next hearing date.
Prepare a map of all connected proceedings.
Collect child-care, medical, financial and residence documents.
Calculate travel distance and realistic cost.
Explain why video conferencing alone is insufficient, if that is the case.
Disclose prior transfer proceedings.
Identify the proposed transferee court precisely.
Prepare stay application if proceedings are active.
Prepare concise grounds focused on access to justice rather than matrimonial allegations.
Engage Supreme Court AOR for filing.
Cure Registry defects immediately.
Remain prepared for mediation.

Common mistakes in Supreme Court Transfer Petitions

filing under the wrong section;
using Section 25 for an intra-State transfer;
assuming wife’s convenience is an automatic rule;
assuming video conferencing automatically defeats transfer;
turning the petition into an appeal on merits;
not disclosing connected proceedings;
not seeking stay despite an imminent trial date;
naming the wrong transferee court;
weak affidavit support;
unsupported medical or financial claims;
failing to explain delay;
failing to disclose an earlier transfer petition;
making vague allegations of bias in criminal matters; and
using transfer only as a delaying tactic.

Frequently asked questions

What is a Transfer Petition in the Supreme Court?

It is an original proceeding asking the Supreme Court to transfer a pending civil or criminal case from one State to another, or to exercise constitutional transfer powers under Article 139A where applicable.

Which section governs a civil Transfer Petition?

Ordinary inter-State civil transfers are governed principally by Section 25 CPC read with Order XLI of the Supreme Court Rules, 2013.

Which section governs a criminal Transfer Petition after BNSS?

The current provision is Section 446 BNSS, corresponding to former Section 406 CrPC. The Supreme Court’s current case categories refer to both provisions because of the transition between the procedural codes.

Can a matrimonial case be transferred from one State to another?

Yes. The Supreme Court regularly exercises Section 25 CPC jurisdiction in matrimonial cases where the ends of justice warrant transfer.

Does the wife always get transfer to the city where she lives?

No. The Supreme Court clarified in January 2026 that hardship to the wife is an important consideration, but the rule is not inflexible. The balance of convenience and justice must be assessed on the facts.

Can video conferencing be used instead of transfer?

Sometimes it can mitigate hardship, but it is not an automatic substitute for transfer. The Court considers whether virtual participation genuinely addresses the practical burden in the individual case.

Can the Supreme Court allow transfer and still permit the respondent to appear by video?

Yes. Recent 2026 Supreme Court orders have done precisely that.

Can proceedings be stayed while the Transfer Petition is pending?

Yes. The Supreme Court frequently considers applications seeking stay of the transferor proceeding pending disposal of the transfer petition.

Can a husband file a matrimonial Transfer Petition?

Yes. Section 25 CPC is gender-neutral. The husband must establish facts showing that transfer is expedient for the ends of justice.

Can a criminal case be transferred because the accused fears local influence?

Potentially, but the apprehension must be real, reasonable and supported by objective material. Vague or tactical allegations are insufficient.

What is Article 139A used for?

Article 139A(1) deals with common substantial questions of law pending in the Supreme Court and High Courts or multiple High Courts, while Article 139A(2) permits transfer of proceedings from one High Court to another High Court where expedient for the ends of justice.

Can a Transfer Petition itself decide divorce?

The Transfer Petition only concerns forum. However, if parties settle during Supreme Court mediation, they may seek appropriate settlement orders in accordance with law, and the Supreme Court has in suitable cases exercised Article 142 to bring matrimonial litigation to a comprehensive end.

Who files a Transfer Petition in the Supreme Court?

Supreme Court filing and acting are ordinarily undertaken through an Advocate-on-Record, subject to recognised party-in-person procedure.

Key authorities and official sources

Section 25, Code of Civil Procedure, 1908: inter-State civil transfer by Supreme Court.
Section 446, Bharatiya Nagarik Suraksha Sanhita, 2023: Supreme Court power to transfer criminal cases and appeals.
Article 139A, Constitution of India: constitutional withdrawal and transfer powers.
Order XLI, Supreme Court Rules, 2013: civil/constitutional transfer petition procedure.
Kunta Nihasvi @ Gaddam Madhuri v. Kunta Srinivas, 19 January 2026: hardship to wife important but not an inflexible transfer rule.
Prasubhukta Prasuna v. Prasubhukta Laxminarayana, T.P.(C) 764/2025, 24 February 2026: matrimonial transfer allowed; respondent permitted video appearance.

Official resources

Key takeaways

Section 25 CPC is the principal route for inter-State civil transfer.
Section 446 BNSS is the current criminal transfer provision replacing Section 406 CrPC for the new procedural framework.
Article 139A separately governs constitutional transfers and withdrawal of common substantial questions of law.
Matrimonial transfer depends on practical access to justice, not a mechanical gender rule.
The Supreme Court’s January 2026 formulation protects genuine hardship while rejecting an automatic wife-always-wins approach.
Video conferencing is relevant but not always an adequate substitute for transfer.
The Court may stay the underlying proceeding while the Transfer Petition is pending.
Transfer proceedings often provide an opportunity for mediation and comprehensive settlement.
A Transfer Petition should focus on forum and justice, not reargue the merits of the underlying case.

This article is intended for general legal education and Supreme Court procedure research across India. It does not constitute solicitation, advertisement or case-specific legal advice. Transfer jurisdiction, statutory applicability, BNSS/CrPC transition, interim stay, Registry requirements and the appropriate forum should be assessed against the latest Supreme Court Rules, current law and the facts of the individual matter.

Contact Information

Adv Govind Bali
Managing Partner, Fastrack Legal Solutions LLP
Phone: 7697671219
Email: advgovind@fastracklegalsolutions.com
Website: www.fastracklegalsolutions.com

Contact details are provided for identification and professional correspondence. This article is for general legal information and does not constitute solicitation or advertisement.

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