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This article has been authored by Pallav Aneja, Founder at P A & Partners.

Matrimonial disputes often bring with them significant emotional, financial, and logistical challenges. These disputes may involve issues such as divorce, child custody, maintenance, and domestic violence. One of the most significant practical difficulties that parties may face in such disputes arises when the case is filed in a court that is geographically far from where one of the parties resides. This can lead to significant hardships, particularly when the parties are unable to afford repeated travel, or when the distance hinders the smooth conduct of proceedings.

To alleviate such difficulties and ensure that justice is not delayed or denied due to such logistical challenges, Section 25 of the Civil Procedure Code (CPC) provides a legal mechanism for transferring matrimonial cases from one court to another. This provision allows the Hon’ble Supreme Court of India or the Hon’ble High Courts to exercise their powers and transfer a matrimonial suit from a court that is inconvenient for one of the parties to a more accessible forum.

This article aims to provide an in-depth understanding of Transfer Petitions under Section 25 of CPC, particularly in matrimonial disputes, and examine key principles, procedures, and landmark judgments on the subject.

Section 25 of CPC: The Legal Framework

Section 25 of the Civil Procedure Code deals with the transfer of cases and reads as follows:

“Where a suit, appeal, or other proceeding is pending in any court, the Supreme Court or a High Court may, on the application of any of the parties and after considering all circumstances, transfer the case to any other court of competent jurisdiction.”

This provision primarily addresses the situation where a party finds it difficult to continue a case in the jurisdiction of the current court. For matrimonial disputes, the term “circumstances” could include considerations such as distance, convenience, financial hardship, health issues, or concerns related to the fairness of the trial.

Scope of Section 25 of CPC in Matrimonial Disputes

Matrimonial disputes often involve emotionally charged and complex issues. Section 25 of CPC plays a crucial role in ensuring that the legal process is not hindered by logistical barriers. Common issues in matrimonial disputes, such as divorce, maintenance, custody, and domestic violence, may necessitate frequent appearances in the court. If the court is situated far from one of the parties, attending hearings may become an undue hardship, especially for the party with limited financial resources or health concerns.

In this context, Section 25 of CPC grants the Hon’ble Supreme Court of India or the Hon’ble High Courts the discretion to transfer cases for the convenience and fairness of the proceedings.

Who Can File a Transfer Petition?

A transfer petition under Section 25 CPC can be filed by either of the parties involved in the matrimonial dispute. The party seeking the transfer must demonstrate that continuing the proceedings in the current court would be inconvenient, impractical, or prejudicial. Some of the common grounds include:

1. Geographical Distance: One party may reside far from the court in which the case is being heard, leading to high travel costs or physical hardship.
2. Health Issues: A party may be suffering from an illness that makes frequent travel difficult.
3. Financial Hardship: The cost of attending hearings in a far-off court may be prohibitive.
4. Fear of Bias: If there is a reasonable apprehension that the local court may not impartially adjudicate the matter due to extraneous factors such as local influence or bias.
5. Protection from Domestic Violence: If the party seeks a transfer to a location that would provide better safety, particularly in cases involving domestic violence.
6. Welfare of Children: In child custody disputes, the convenience of the custodial parent and the best interests of the children involved are paramount.

The party requesting the transfer must file an application detailing the grounds for the request, supported by an affidavit with facts that substantiate their claim for a transfer.

Procedure for Filing a Transfer Petition

The process of filing a transfer petition is as follows:

1. Drafting the Petition: The petitioner (the party seeking the transfer) must prepare a petition stating the reasons for seeking the transfer. This petition should be accompanied by an affidavit providing details and documents that support the claim (e.g., proof of residence, medical records, financial difficulties, etc.).
2. Filing the Petition: The petition is usually filed in the Hon’ble High Court where the case is currently being heard, or in the Hon’ble Supreme Court of India (depending on the facts). In matrimonial disputes, if a party is aggrieved by an order passed by the family court, the transfer petition may be filed in a higher court.
3. Court’s Discretion: The court will evaluate the reasons presented by the petitioner and determine whether a transfer is justified. The court exercises discretion in this regard and will consider the welfare of the parties, the best interests of children (if any), and the need to ensure a fair and impartial trial.
4. Hearing and Order: If the court is satisfied with the grounds presented, it will pass an order transferring the case to a more appropriate jurisdiction. The transfer may be to a family court in a different district or even to the Hon’ble High Court, depending on the circumstances.

Judicial Principles and Considerations

While dealing with transfer petitions, courts rely on various guiding principles to ensure that the legal process is just and equitable for both parties. Key principles include:

1. Convenience and Justice: The court assesses the convenience of the parties and the impact on the administration of justice. The object is not just to reduce inconvenience but to ensure that the judicial process remains accessible and fair.
2. Welfare of Children: In custody disputes, the welfare of children is paramount. The court may transfer cases if it believes that the existing jurisdiction would negatively affect the children’s best interests.
3. Avoidance of Hardship: The court considers whether the distance or logistics of attending court hearings would impose undue hardship on one of the parties, particularly the weaker party, such as the one with limited financial resources.

Landmark Judgments on Transfer Petitions Under Section 25 of CPC

The jurisprudence surrounding Section 25 of CPC has been enriched by various landmark judgments. Some of these cases are particularly relevant in matrimonial disputes:

•  Gana Saraswathi v S. Raghu Prasad, (2000) 10 SCC 177 

In this case, the Hon’ble Supreme Court of India has stated that to advance the interests of justice, the Courts should entertain the matter at the best forum with competent jurisdiction where a fair trial can be held. 

• Dr. Subramaniam Swamy vs. Ramakrishna Hegde, AIR 1990 SC 113

In this case, the Hon’ble Supreme Court of India held that while deciding on a Transfer Petition, the Court has to look into the balance of convenience as well as the fact that the rights of the other party/non Applicant Party are not compromised or prejudiced if the Petition is allowed. 

• Mona Aresh Goel v Aresh Satya Goel (2000) 9 SCC 255

In this case, the Hon’ble Supreme Court found it proper to transfer the divorce proceedings from Mumbai to Delhi as the wife had no independent income and was staying with her parents who resided in Delhi. Further, the Hon’ble Supreme Court of India also considered the fact that the Petitioner was just a 22- year-old woman who could not have travelled and stayed alone in Mumbai during the proceedings. 

• Deepika v Maruthi Kathare (2005) 11 SCC 433 

The Hon’ble Supreme Court took a different approach and transferred the case to a third place altogether. Thus, if it deems fit, the Court may even adopt a middle path and transfer the proceedings to a neutral place or an adjacent district, especially when one party apprehends a threat to his/her life at a particular place. 

• Bharat Chaudhary v. Neelam Chaudhary, (2001) 4 SCC 572

In this case, the Hon’ble Supreme Court of India dealt with the issue of a transfer petition filed by a husband who was seeking to transfer his divorce proceedings from a family court in one state to another state where his wife resided. The Court held that the primary consideration for transferring the case was to ensure convenience and minimize hardship for the petitioner. The Court observed that in matrimonial disputes, the ease of both parties in attending hearings should be a key factor in deciding the transfer petition.

•  Sumita Singh v. Kumar Sanjay, (2001) 10 SCC 41

In this case, the Hon’ble Supreme Court of India ruled that both the convenience of the parties and the welfare of children must be considered when deciding on transfer petitions. In this case, the wife sought to transfer the divorce proceedings filed in Delhi to Patna due to the distance and her financial incapacity to travel. The Court allowed the transfer, emphasizing that the personal circumstances of the wife and the convenience of the parties played an important role in deciding the case.

• Pooja Pal v. UOI, (2016) 5 SCC 1

This judgment reaffirms the principle that the personal circumstances of the parties, especially in cases involving domestic violence or child custody, should be given significant weight. The Hon’ble Supreme Court of India, in this case, highlighted that the ease of access to the court and the safety of the parties (particularly in cases of domestic abuse) were crucial factors in deciding a transfer petition.

• Neelam Gupta v. R. S. Gupta, (2015) 11 SCC 440

The Hon’ble Supreme Court of India addressed the issue of whether a party can seek a transfer based merely on inconvenience or whether it must show additional grounds like bias or unfairness. The Court ruled that inconvenience, especially in the context of matrimonial disputes, should not be viewed lightly and can constitute valid grounds for seeking a transfer of proceedings.

Conclusion

Transfer petitions under Section 25 of CPC play a critical role in ensuring fairness and access to justice, especially in matrimonial disputes. By allowing the transfer of cases from one jurisdiction to another, the law seeks to protect the rights of parties who might face undue hardship due to geographical, financial, or personal constraints.

Courts have been consistently sensitive to the challenges faced by parties in matrimonial matters, particularly those involving issues such as divorce, child custody, maintenance, and domestic violence. The discretion exercised by the Hon’ble Supreme Court of India and the Hon’ble High Courts in deciding transfer petitions has evolved through landmark judgments, emphasizing the need to balance convenience and the best interests of justice.

As matrimonial disputes continue to rise and become more complex, the importance of this legal tool in ensuring fairness, accessibility, and justice in the resolution of such disputes cannot be overstated.

DISCLAIMER

The present Article intends to provide brief and general information on the above mentioned subject & in no manner provides exhaustive details on the same. This document shall not be construed as a legal advise & further, shall not form as a base to take any decision without seeking proper legal advise from us. We shall not be responsible for whatsoever sustained by any person relying on this material.