A transfer petition for transfer of a civil case is filed under Section 25 of the Civil Procedure Code. The Section 25 of the Code of Civil Procedure provides that the Supreme Court of India may transfer any suit, appeal or other proceedings from a High Court or other civil court in one State to a High Court or other civil court in any other State.
Transfer of a Divorce case from one state to another state can also be filed under Section 25 of the CPC.
A transfer petition for transfer of the criminal case is filed under Section 406 of the CrPC. Section 406 of the Code of Criminal Procedure provides that Supreme Court of India may transfer any case or appeal from one High Court to another High Court or from a criminal court subordinate to one High Court to another criminal court of equal or superior jurisdiction, subordinate to another High Court.
The transfer petition is filed under the original powers of the Supreme Court of India. The Supreme Court has powers to transfer of case under Article 139 A (1) of the Constitution of India when the cases involving the same or substantially the same questions of law are pending before the Supreme Court of India and one or more High Courts or before two or more High Courts, and the Supreme Court of India is satisfied, on its own motion, or on an application made by the Attorney General of India or by any party to any such case, that such questions are substantial questions of general importance.
The Supreme Court of India may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself.
The transfer petition is also filed under Article 139 A (2) of the Constitution of India which provides that the Supreme Court of India may, if it deems it expedient to do so for the ends of justice, transfer any case, appeal or other proceedings pending before any High to any other High Court.
Suggested Format for transferring petition in Supreme Court of India
IN THE SUPREME COURT OF INDIA CIVIL TRANSFER JURISDICTION
TRANSFER PETITION (CIVIL) No. OF ———— (State the year of filing)
[Petition under Section 25 of CPC for transfer of case NO. —————— to an equal and competent court at —————————]
IN THE MATTER OF:
I.A. No. ————————-
APPLICATION FOR STAY
(FOR INDEX KINDLY SEE INSIDE)
ADVOCATE FOR THE PETITIONER:
LIST OF DATES (give the chronological list of dates leading to the filing of the petition)
IN THE HON’BLE SUPREME COURT OF INDIA
(CIVIL TRANSFER JURISDICTION)
TRANSFER PETITION NO. ————————-
IN THE MATTER OF:
POSITION OF PARTIES
PETITION UNDER SECTION 25 OF CPC ON BEHALF OF —————-FOR TRANSFER OF THE CASE———————–TO AN EQUAL AND COMPETENT COURT AT ————————-.
The Hon’ble Chief Justice of India &
His companion judges of
The Supreme Court of India at
The humble petition of the petitioner above named:
MOST RESPECTFULLY SHOWETH:
BRIEF FACTS: (state the brief facts of the case)
In the premises mentioned above, it is most respectfully prayed that this Hon’ble Court may be pleased to:
Transfer case bearing No. ————————- to the equal and competent court at ——————
Pass such other and further orders as this Hon’ble Court may deem just and proper in the facts and circumstances of the case.
Drawn on: DRAWN & FILED BY
Advocate for the petitioner
Important tips on filing the Petition transfer in Supreme Court of India
- Affidavit of the petitioner duly sworn is to be filed along with the transfer petition.
- Annexures as referred to in the Transfer Petition, with court fees of Rs.2/- per annexure are filed in the transfer petition.
- 1+5 copies of the Transfer Petition are filed which are duly bound.
- A court fee of Rs.50/- per petitioner for civil matters, for criminal matters, no fees are required in the Transfer Petition in Supreme Court of India.
- An index is filed at the top of the petition.
- Cover page containing the title and other details is to be filed along with the transfer petition in Supreme Court of India.
- Application for interim relief, stay, and exemption etc. Can be filed along with the transfer petition in Supreme Court of India.
- Memo of appearance, Rs. 5/- Court fee is to be filed along with the transfer petition in Supreme Court of India.