TRANSFER PETITION (CIVIL)
Meaning
A Transfer Petition (Civil) is filed before the Supreme Court under Section 25 of the Code of Civil Procedure, 1908 (CPC), seeking transfer of a civil case, suit, appeal, or other proceeding from one court in India to another for the ends of justice and convenience of the parties.
Legal Basis
- Section 25, CPC: The Supreme Court may transfer any civil case, appeal, or proceeding from one High Court or civil court in one state to another High Court or civil court in another state if it deems it expedient for the ends of justice.
- The power is exclusive to the Supreme Court of India.
When It Can Be Filed
A Transfer Petition (Civil) is commonly filed when:
- There is reasonable apprehension that the petitioner will not get a fair trial.
- There are convenience or hardship issues (e.g., petitioner is a woman or dependent).
- There are security, health, or logistical reasons for transfer.
- Both parties are from different states and trial location is unfairly distant.
Common examples:
- Matrimonial cases (divorce, maintenance, custody) — usually transferred to the place where the wife resides.
- Civil suits or property disputes requiring transfer for justice or convenience.
Jurisdiction
Only the Supreme Court of India has the power to transfer cases between courts of different states.
If the transfer is sought within the same state, it must be filed before the High Court under Section 24, CPC.
Time Limit
No fixed limitation, but the petition should be filed promptly once cause for transfer arises.
