A Transfer Petition is a petition filed for transferring someone’s case from one court to another court in the court. The party who intends to get their case transferred must file a proper transfer petition to the court. Thereafter, the court will decide if the case is transferable or not, as per the relevant grounds.
Caveat Petition for getting Transfer Petition
With a national presence in New Delhi, Greater Noida, Pune, and Kolkata, the CaveatPetition is a law firm that endeavors to provide information as soon as possible. We have been in service for the last 20 years or more. For more information, you can visit our official website caveatpetition.com.
The Caveat Petition provides comprehensive information on filing Caveat Petitions. We also provide information on filing Special Leave Petitions in the Apex Court of India. Any registration done at CaveatPetition will be confirmed on our official website.
For any query related to filing a caveat petition in the Apex Court of India, make an imperative call to us. Once a petition is registered, we will help you with further filings. We focus on information in our work.
Types of Transfer Petitions at CaveatPetition
- Transfer Petition in Supreme Court: Section 25 of the Code of Civil Procedure released in 1908 empowers the Supreme Court to transfer suits to another party. Such transfer is expedited to meet the ends of justice.
- Transfer Petition in Criminal Cases: The criminal petition is filed under the provision of section 406 of the Code of Criminal Procedure.
- Transfer Petition in Divorce Cases: The transfer petition in matrimonial cases such as the following:
- Divorce cases
- Domestic Violence case
- maintenance & more
Each of such cases is preferred before the Hon’ble Supreme Court. The Apex Court transfers the court of the Principal Judge Family Court to another Principal Judge Family Court.
The Jurisdiction of the Supreme Court is invoked under the famed section 25 of the Code of Civil Procedure with effect from 1908 (further details, r/w Order XLI of Supreme Court Rules 2013). In this, you can pray for the transfer of the civil cases from the trial court in any of the following transitions:
- One State to another
- One High Court to another
Grounds for Transfer of Matrimonial Cases
In matrimony, a wife’s inability to travel the distance as well as the case of children can be good grounds for transfer of matrimonial cases. In the case of non-working women, which is also a good ground, the Court will consider such petitions. However, the husbands too have the option of opposing the transfer. He can reason his inability to be present due to workload but he can show to be more than willing to bear the expenses of travel.
If a wife has filed for petition transfer to the Hon’ble Court, it would automatically allow the transfer in favor of the spouse. The Court would also consider all aspects before allowing the Transfer Petition to meet the ends of justice.