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Transfer Petition under CPC
There have been many transfer applications submitted to the Supreme Court during the pandemic. A petition submitted to the court in a transfer petition asks for the case to be moved from state agencies to a central body, from one high court to another, or from a high court to the Supreme Court. Typically, this is done to guarantee a fair trial, ensure justice, prevent delay or annoyance, etc.
What is Transfer Petition?
The Supreme Court has the authority to transfer any case, appeal, or other process from a high court or other civil court of one state to a high court or civil court of another state, according to Section 25 of the Code of Civil Procedure (CPC).
The Supreme Court has broad authority to transfer a case from one state's jurisdiction to another when it determines that an order made pursuant to this provision requires an end to injustice.
The Supreme Court has been given the authority to transfer cases from one jurisdiction to another so that it can make sure that no one is unfairly treated as a result of any gaps in the law.
In the Case of Dr. Subramaniam Swamy v. Ramakrishna Hegde
The need for justice must be the primary factor taken into account when transferring a matter under Section 25 of the Code of Civil Procedure. It was decided that the simple convenience of the parties or any one of them may not be sufficient for the exercise of power and that proof of the possibility of injustice being denied during the trial in the chosen forum must also be shown. The Court additionally said that there should be no hesitation in transferring the case if the objectives of justice so require it and it is necessary. The demand for justice cannot be overridden by the dominus litis's power to select the forum or their consideration of the plaintiff's convenience, among other things.
This clause has most frequently been used in matrimonial cases, and usually at the wife's request. The wife, who has frequently moved back to her parental home, moves for transfer either on the grounds that she cannot afford to travel, that she cannot leave her child behind, or that she faces threats if she stays, when the husband files for a divorce or institutes other proceedings under the law relating to marriage and divorce at the place where he is residing, which is typically the place where the parties last resided together. The Court generally sympathizes with the wife's request for transfer, but this is not always the case.
The following situations allow for this Transfer of Petition:
The transfer of a civil lawsuit between states.
The transfer of a criminal case between states.
Divorce cases that have been transferred from one state to another.
Grounds for Transfer Petition
Additionally, the petitioner must state the basis for his request for the transfer, such as −
There is a jurisdictional bias.
Life in danger
Being an unsupported single lady
Medical background
Elderly and sick parents
No income source
Concurrent jurisdiction
Types of Transfer Petition
There are two types of transfer petition −
Divorce Transfer Petition − In a divorce petition submitted to the Supreme Court, the husband does so in his home state, and the woman often relocates to her home or parent's state. Therefore, in these situations, the wife requests the transfer of a petition on the grounds that she is unable to travel to the location where the petition is typically filed, that she cannot leave her child behind, that she is at risk when she travels to defend the case, or that she cannot afford to do so. However, the court does not always look at her sympathetically because it cannot always make the husband suffer.
According to Anandita Das v. Sirjit Dey (2006), the husband can argue that if the wife alleges to have a minor child, grandparents may be asked to care for the child. As a result, the transfer petition cannot be granted to the wife just because she has a minor child.
In Priti Sharma v. Manjeet Sharm (2005), it was decided that a wife had to provide adequate evidence in support of the transfer petition in order to do more than simply explain why she felt threatened. The court categorically said that "merely because the petitioner is a lady does not mean she cannot go" in the case of a wife who sought transfer because she was unemployed and unable to commute, and the transfer petition was denied.
Criminal transfer petition − The Supreme Court has the authority to transfer criminal cases and appeals that are ongoing in one high court to another high court or from one criminal court to another under Section 406 of the Code of Criminal Procedure. When a request made pursuant to Section 406 of the Code of Civil Procedure is denied because the Supreme Court believes it to be frivolous or vexatious, it may order the applicant to compensate the respondent.
Conclusion
Political scandals, intervention, and the appearance of whistleblowers are all on the rise these days. In these circumstances, justice must be safely delivered, and even the courts have often ruled that this was the main justification for transferring the petitions. In many situations, merely suspecting something is amiss or dangerous is insufficient. It is necessary to provide or infer reasoning that is well supported. Many times, people ask for the transfer of petitions due to a flimsy relationship with a political party, judge, or other brief past interaction. But, as we saw in the article, the court has frequently dismissed these arguments. The court considers a number of factors while determining whether it should grant the transfer or not.
FAQs
Q1. When can a transfer petition be filed?
Ans. A transfer petition can be filed at any stage of the proceedings, from the filing of the case to the appeal stage. It is usually filed when a party feels that the court where the case is pending is not a proper forum because it has no jurisdiction, least chance of fair and impartial trial of the case, or if there is a likelihood of bias or prejudice against the party in the court. The transfer petition must be accompanied by proper grounds and reasons for seeking the transfer; however, filing transfer petition does not mean, the case will be transferred because it is the discretion of the higher court to grant or reject the transfer based on the merits of the petition.
Q2. Can divorce petition be transferred?
Ans. Yes, a divorce petition can be transferred. But usually in divorce petition, wife is given privilege. Because of circumstantial issues, such as may be pregnant or having small kid, or even financial issues, etc. is a genuine reason.
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