How do I file a transfer petition to move a matrimonial case to a different city?

Question

My matrimonial case is pending in a city far from where I now live, making it difficult for me to attend hearings. How do I get the case transferred? Specifically, I want to know how Code of Civil Procedure 1908, Section 25 applies to a situation like mine and what the family law position in India actually is. If there is a deadline I should be aware of, I need to know that now.

MyVakeel Legal Desk · Accepted Answer

How do I file a transfer petition to move a matrimonial case to a different city? is governed in India primarily by Code of Civil Procedure 1908, Section 25, Family Courts Act 1984, Section 8 and Constitution of India, Article 142. Outcomes in transfer petition matrimonial case disputes depend heavily on documentation, so check what you can actually evidence as you read.

Section 25 of the Code of Civil Procedure 1908 empowers the Supreme Court to transfer any civil case, including matrimonial proceedings, from a court in one state to a court in another state on the ground of the balance of convenience or hardship.

Where both courts are within the same state, a transfer petition instead lies before the jurisdictional High Court, which has similar powers to transfer cases between its subordinate courts.

Courts have consistently favoured the convenience of the wife in matrimonial transfer petitions, recognising the financial and logistical hardship women often face in travelling to a distant court for hearings.

Grounds commonly accepted include the petitioner's ill health, lack of independent income to travel, safety concerns and the presence of young children requiring the wife's constant care.

Under Article 142 of the Constitution, the Supreme Court retains additional discretion to pass any order necessary for complete justice, including consolidating or transferring related family proceedings.

Practical steps: 1) Identify whether the transfer petition should be filed before the High Court or the Supreme Court based on the location of the two courts; 2) Draft the transfer petition detailing the hardship faced in attending the current court; 3) File the petition with supporting documents such as medical records or income proof; 4) Attend the hearing where both parties are heard before the transfer order is passed.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Code of Civil Procedure 1908, Section 25 carry limitation periods, and unexplained delay weakens an otherwise strong case. 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.