Transfer Petition in Supreme Court

Transfer Petition in Supreme Court (divorce case)


Power to transfer petitions in certain cases.-(1)Where-
(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to marriage praying for a decree for a judicial separation under Section 10 or of a decree of divorce under Section 13; and
(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State, the petitions shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies,-
(a) if the petitions are presented to the same District Court, both the petitions shall be tried
and heard together by that District Court;
(b) if the petition are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

In case of Transfer petition in Supreme court:


Atttorney v.k.singh

+91-9999318690

Transfer petitions

The Supreme Court has the power to transfer the cases from one High Court to another and even from one District Court of a particular state to another District Court of the other state. In such transfer cases the Hon'ble Supreme Court transfer only those cases if they really lack appropriate territorial jurisdiction and those cases which were otherwise supposed to be filed under the transferred jurisdiction. Hon'ble Supreme Court often looks at the real ground / reason for such transfer.
Email: attorneyvksingh@gmail.com