A Complete Guide to the Essential Facts, Grounds and Documents Required in a Supreme Court Transfer Petition
NEW DELHI:A Supreme Court transfer petition is not a travel complaint dressed up as litigation.
Statements such as “the court is far away”, “I have a child”, “I am unemployed” or “my health is poor” do not automatically justify shifting a case from one State to another. The petitioner must plead material facts showing why continuation before the existing court would defeat the ends of justice—and why the proposed court is legally competent and comparatively fairer to both parties.
The biggest drafting mistake is treating transfer as a gender-based entitlement. It is not. Section 25 of the Code of Civil Procedure, 1908 is gender-neutral. A husband, wife, company or any other party to a civil proceeding may seek transfer. What matters is not the petitioner’s sex, but the pleaded facts, supporting documents, comparative hardship and overall interests of justice.
WHAT IS THE LEGAL BASIS FOR A SUPREME COURT TRANSFER PETITION?
Section 25 CPC empowers the Supreme Court, 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 when transfer is expedient for the ends of justice. The application must be made by motion and supported by an affidavit. The transferee court may retry the matter or continue it from the stage at which it was transferred, subject to the Supreme Court’s directions.
Order XLI of the Supreme Court Rules, 2013 requires the petition to be in writing and to state succinctly and clearly:
- All relevant facts and particulars of the case.
- The High Court or civil court where the case is pending.
- The grounds on which transfer is sought.
- A supporting affidavit.
The Supreme Court’s Handbook on Practice and Procedure, updated as on 6 October 2025, also requires the petition to identify the court to which transfer is sought. At the preliminary hearing, the Court may dismiss the petition without issuing notice if no prima facie case for transfer is disclosed.
FIRST ESTABLISH THE CORRECT FORUM
Before pleading hardship, explain why the Supreme Court has jurisdiction.
In the case of Durgesh Sharma v. Jayshree, (2008) 9 SCC 648, the Supreme Court held that where the transferor and proposed transferee courts are subordinate to different High Courts, only the Supreme Court can order the transfer under Section 25 CPC. A High Court cannot ordinarily transfer a case to a court subordinate to another High Court. The Court described Section 25 as a self-contained provision containing both substantive and procedural power.
However, every interstate transfer does not automatically belong before the Supreme Court.
In the case of Shah Newaz Khan v. State of Nagaland, Civil Appeal No. 1497 of 2023, the Supreme Court clarified that where two States share a common High Court and both the transferor and transferee civil courts are subordinate to that common High Court, the High Court may exercise its power under Section 24 CPC. Section 25 applies where the States are governed by separate High Courts.
Therefore, the maintainability paragraphs must identify:
- The State and High Court controlling the existing court.
- The State and High Court controlling the proposed court.
- Whether both courts fall under separate High Courts.
- The statutory jurisdiction of the proposed transferee court.
Calling a case “interstate” without examining the controlling High Courts can send the petition to the wrong forum.
WHAT MUST BE PLEADED IN A SUPREME COURT TRANSFER PETITION?
1. Complete Particulars of the Pending Case
Do not merely state that “a divorce case is pending”.
Plead the complete case title, case number, statutory provision, filing date, name and designation of the judge or court, present procedural stage and next listed date.
The Supreme Court must immediately understand what is being transferred and whether evidence, cross-examination or final arguments have already begun. An unexplained petition filed after substantial trial progress may appear strategic rather than genuine.
2. Exact Court to Which Transfer Is Sought
The prayer cannot vaguely request transfer “to Delhi”, “to Gurugram” or “near the petitioner’s residence”.
Name the competent Family Court, District Court or other civil court. Plead why that court possesses territorial and subject-matter jurisdiction. The current Supreme Court Handbook expressly requires the proposed transferee court to be stated.
A convenient court that lacks legal competence is not a valid transferee court.
3. Concise Matrimonial or Litigation Chronology
The petition should set out a clean chronology:
- Date and place of marriage or underlying transaction.
- Places where the parties lived.
- Date of separation or accrual of dispute.
- Date and place of each connected proceeding.
- Present residence of both parties.
- Material interim orders already passed.
A transfer petition is not the place to reproduce every matrimonial allegation. Plead facts relevant to forum, hardship and justice—not a disguised divorce petition.
4. Actual Present Residence
State where the petitioner presently and ordinarily resides. Annex credible proof such as an identity document, rent agreement, employer record, child’s school record or recent official correspondence.
A temporary address created only for litigation may be challenged. The petition should also candidly disclose the respondent’s actual residence and workplace.
In the case of Rohit Kapoor v. Ketaki Malhotra, Transfer Petition (C) Nos. 2674–2675 of 2025, the husband sought transfer from Bhiwadi to Gurugram. The recorded grounds included another pending case at Gurugram, the husband’s residence at Noida and the wife’s residence at Gurugram. The Supreme Court allowed the husband’s petitions.
5. Comparative Hardship—not One-Sided Convenience
The petition must compare the practical position of both parties.
Plead the petitioner’s hardship, but also address what hardship transfer may cause the respondent. Relevant circumstances may include employment, income, caregiving duties, disability, age, childcare, travel connectivity, availability of accommodation and the location of material proceedings.
In the case of N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, Civil Appeal No. 4894 of 2022, the Supreme Court identified factors such as the parties’ economic position, social circumstances, livelihood, support systems and pre- and post-marriage standard of life while considering matrimonial transfer. The Court also recognised the value of trying interconnected proceedings together to avoid multiplicity and inconsistent decisions.
Wife’s convenience remains relevant in matrimonial cases, but it is not an irrebuttable command. Every case must survive a comparative analysis.
6. Quantified Travel Burden
Do not write only: “The distance is very long.”
State:
- Approximate distance between the residence and existing court.
- Available mode of travel.
- Total travel time.
- Approximate recurring expense.
- Number of court visits already made.
- Whether overnight accommodation is required.
- Why virtual appearance or exemption cannot adequately solve the problem.
Numbers are more persuasive than adjectives.
7. Financial Circumstances with Documents
If financial incapacity is pleaded, disclose the petitioner’s occupation, approximate income, dependants, unavoidable expenses and whether maintenance or litigation expenses have been awarded.
A bare statement that the petitioner has “no source of income” may be neutralised if the respondent offers travel and accommodation expenses.
In Anindita Das v. Srijit Das, Transfer Petition (Civil) Nos. 146 and 191 of 2005, the respondent-husband offered advance travel and hotel expenses. The Supreme Court dismissed the wife’s transfer petitions and directed him to bear those costs instead.
8. Medical Grounds with Specific Particulars
“Petitioner is suffering from poor health” is a pleading failure.
Mention the diagnosis, duration, treating hospital, current treatment, medical restrictions and why travel is unsafe or impracticable. Annex recent prescriptions, reports or a doctor’s advice relevant to travel.
The Supreme Court’s recorded observation in Anindita Das was blunt:
“Except for stating that her health is not good, no particulars are given.”
The Court further stated:
“This Court is now required to consider each petition on its merit.”
The lesson is clear: medical adjectives do not replace medical particulars.
9. Minor Children and Caregiving Responsibilities
Where a minor child is relied upon, plead the child’s age, custody arrangement, school schedule, medical needs, availability of alternative caregivers and why repeated travel would prejudice the child.
Merely mentioning a minor child is not conclusive. In Anindita Das, the Court considered that the six-year-old child’s grandparents were available and that the respondent was willing to bear travel expenses.
The child must be a proved logistical responsibility—not a standard paragraph copied into every petition.
10. Connected Proceedings
Connected cases are among the strongest grounds when properly pleaded.
Give the exact case numbers, titles, courts, statutory provisions and procedural stages of every connected divorce, restitution, custody, maintenance or other civil proceeding. Explain how one forum would:
- Reduce repeated travel.
- Avoid overlapping evidence.
- Prevent contradictory findings.
- Facilitate settlement.
- Reduce litigation costs.
In the case of Guda Vijayalakshmi v. Guda Ramachandra Sekhara Sastry, (1981) 2 SCC 646, the Supreme Court recognised that Section 25 CPC remained available in matrimonial litigation notwithstanding Sections 21 and 21A of the Hindu Marriage Act.
11. Support Network and Ability to Contest
In the case of Vinisha Jitesh Tolani v. Jitesh Kishore Tolani, Transfer Petition (Civil) No. 1127 of 2008, the wife pleaded that she had friends and acquaintances in Delhi who could support her, whereas she had no comparable support in Goa. She also raised concerns regarding service and ex parte proceedings. The Supreme Court transferred the matrimonial case from Vasco-da-Gama, Goa, to the Family Court at Tis Hazari, Delhi.
“Support system” should therefore be pleaded through facts: who provides accommodation, childcare, medical assistance or litigation support, and why that assistance is genuinely necessary.
12. Alternative Safeguards and the Final Prayer
A credible petition should address whether lesser measures can remove the hardship. These may include virtual appearance, exemption from personal appearance, advance travel expenses, coordinated hearing dates or appearance only at essential stages.
The final prayer must identify the exact proceeding, transferor court and competent transferee court. A separate interlocutory application should ordinarily seek interim stay of the pending proceeding. Filing a transfer petition does not itself suspend the lower-court case; the Supreme Court Rules and prescribed notice structure contemplate a distinct stay application.
RECOMMENDED SUPREME COURT TRANSFER PETITION STRUCTURE
A properly arranged petition should ordinarily contain:
- Cause Title: Supreme Court of India, Civil Original Jurisdiction.
- Provision: Transfer Petition under Section 25 CPC read with Order XLI of the Supreme Court Rules, 2013.
- Synopsis and List of Dates: Brief chronology focused on jurisdiction and hardship.
- Main Petition: Parties, pending proceeding, jurisdiction, material facts, present residences, comparative hardship, connected cases, proposed transferee court and absence of suppression.
- Grounds: Separate legal grounds explaining why transfer is expedient for the ends of justice.
- Interim Relief: Stay of further proceedings before the transferor court during pendency of the transfer petition.
- Final Prayer: Transfer of the specifically identified case to a named court of competent jurisdiction.
- Affidavit: Verification of material facts by the petitioner.
Ordinarily, Supreme Court filings are acted upon through an Advocate-on-Record. The Rules provide that no advocate other than an Advocate-on-Record may file an appearance or act for a party, subject to the separate procedure governing parties appearing in person.
IS THERE A LIMITATION PERIOD?
The current Supreme Court Practice and Procedure Handbook states that there is no prescribed limitation period for a Transfer Petition (Civil).
That does not make delay irrelevant. A petitioner should disclose the stage of the underlying case and explain why transfer was not sought earlier. Silence about prolonged participation before the original court can damage credibility.
CIVIL AND CRIMINAL TRANSFER PETITIONS MUST NOT BE MIXED
Section 25 CPC governs civil transfer petitions.
A criminal transfer petition is presently classified under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023, while older matters and transitional proceedings may continue to refer to Section 406 CrPC. The Supreme Court’s official case classification separately recognises civil petitions under Section 25 CPC and criminal petitions under Section 406 CrPC or Section 446 BNSS.
A petition seeking transfer of divorce proceedings cannot casually combine criminal complaints under the same Section 25 prayer.
CONCLUSION
A strong transfer petition does not beg for sympathy. It demonstrates injustice through particulars.
Plead the correct jurisdiction. Identify both courts. Quantify the hardship. Disclose connected proceedings. Prove medical, financial and childcare grounds. Address the respondent’s inconvenience. Offer practical safeguards. Support every material assertion through documents and an affidavit.
FAQs
- Can a husband file a Supreme Court transfer petition?
Yes. Section 25 CPC permits any party to apply. Husbands can succeed where connected cases, residence and comparative convenience support transfer. - Is the wife’s convenience always decisive?
No. It is an important consideration in matrimonial cases, but transfer must ultimately be decided on the facts and comparative hardship of both parties. - Does filing a transfer petition automatically stay the divorce case?
No. A separate interim application should seek a stay. Proceedings continue unless restrained by a judicial order. - What documents should prove hardship?
Residence proof, travel details, medical records, income documents, child-related records and copies of connected proceedings. - Is there a limitation period ?
The Supreme Court Handbook records no limitation for a civil transfer petition, but refiling delays are governed separately.
