Transfer Petition

If the Petition is pending before any High Court of State or before its subordinate court which caused difficulty or hardship to the other parties, then the party who is aggrieved may file an transfer petition before supreme court of India seeking transfer of case from one state to another state on the ground of hardship or difficulty or undue interference by the party which likely to question fairness in trial or proceedings.

Under Article 139A(1) of the Constitution read with Order XL of the Rules, supreme court has wide power to transfer of cases involving the same or substantial questions of law pending before the Supreme Court and one or more High Courts or before two or more High Courts. Under Article 139A (2) of the Constitution read with Order XLI of the Rules, Supreme court has power to transfer any case, appeal or other proceedings pending before any High Court to any other High Court;

Transfer of Civil Cases under Section 25 of CPC read with XLI of the Rules:
Under section 25, CPC the Supreme Court has power to transfer any suit, appeal or other proceeding 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 Criminal Cases under Section 406 of Cr.P.C read with XLI of the Rules:
Under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX of the Rules, Supreme Court has power to transfer of any particular 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.

Now a day, Supreme Court is flooded with the transfer petitions in matrimonial cases, most of them filed by the wife seeking transfer of petition filed by the husband, on the ground of being women, unable to travel, lack of financial support, security, hardship etc. In most of the case women succeed in getting transfer order on their favour too. The Supreme Court is more kind towards women, child, weaker party of the litigation, especially in matrimonial proceedings.