How can a divorce petition be transferred to a court in another city?

Question

My spouse filed the divorce case in a city far from where I live and I cannot travel there for every hearing. Can I get the case transferred to my city? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How can a divorce petition be transferred to a court in another city?" turns on Code of Civil Procedure 1908, Section 25, Hindu Marriage Act 1955, Section 21A and Family Courts Act 1984, Section 8. The points below set out the position and then what to do about it, in the order it should be done.

Section 25 of the Code of Civil Procedure empowers the Supreme Court to transfer a case from one state to another, typically used when one spouse cannot reasonably attend proceedings far from their residence.

Section 21A of the Hindu Marriage Act deals with transfer or consolidation of proceedings when multiple matrimonial petitions are pending between the same parties in different courts, allowing them to be clubbed in one court for convenience.

The Supreme Court has consistently held that in matrimonial disputes, the convenience of the wife is generally given preference for transfer petitions, particularly where she does not have independent means to travel repeatedly.

A transfer petition can be filed either in the High Court, under its supervisory jurisdiction over subordinate courts within the state, or directly in the Supreme Court if the courts are in different states.

Section 8 of the Family Courts Act 1984 bars the concerned parties from being represented by lawyers except with the court's permission, which is a relevant factor when weighing convenience for the transfer application.

What this means for you: 1) Identify whether the transfer needs to be sought within the same state or between different states; 2) File a transfer petition citing genuine hardship such as distance, health or financial constraints; 3) Serve the transfer petition on the other spouse and respond to any objections raised; 4) Consult a lawyer to determine whether the High Court or Supreme Court has jurisdiction to hear the transfer request.

Where the facts are disputed, what usually decides a transfer of divorce case matter is the paper trail — dated complaints, acknowledgments and written replies under Code of Civil Procedure 1908, Section 25. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in family law.