Best Transfer Petition lawyer in Delhi Supreme Court

1. The Matrimonial Lawyers

2. TRANSFER PETITION {SECTION-25 of CPC} • Transfer Petition of Section25 of the Code of Civil Procedure is an associate degree enabling provision that empowers the Supreme Court of India to transfer any case, or different proceedings from a court or Civil Court in one state to a different court or other Civil Court in the other state. • According to this section, this power can also be exercised by the Supreme Court if it’s happy that associated degree order section 25 is expedient for the ends of justice. Therefore, wide powers are provided to the Supreme Court to order a transfer of a civil case if the Court feels that the ends of justice shall be met within the explicit circumstances. • TYPICAL GROUNDS TAKEN BY WIFE IN THE TRANSFER PETITION: • Having a child • Travel is unsafe as being a lady • Expenses required for travel are more • Threat to her or her kids life at Husband’s place • Husband is very influential at his place • Inconvenience in travel long distance.

4. How Husband can defend against transfer petition filed by wife • Husband can claim that, he is ready to bear all the travelling expenses of wife from one state to another. Court can consider his request not to transfer the case in this case. • Court can also consider the case when, the husband has old parents or little children at home to be taken care of. • PROCEDURE FOR TRANFERRING THE SUIT • To transfer of a matrimonial dispute from one court to another court being filed in another state can only be done by filing a transfer petition, which can be filed by either of the parties before the Hon’ble Supreme court of India. • The petition should be filed by either of the party who wants the transfer of a case from one court to another court or the state by giving an application or notice supported by an affidavit stating the grounds of transfer. It is taken under the supervision of Transfer Petition Lawyer. • Notice • Notice play a very vital role in filing of transfer petition. The party who files for transfer petition can give notice to the other party or to the other council. Notice is also very important in civil as well criminal procedure code. • Affidavit • Affidavit is a document attached with the transfer petition, mentioning the grounds on which the party is seeking the transfer.

6. QUESTIONS RELATED TO THIS Q.1- Who has the right to transfer the case? = In civil as well as criminal matters, it is evident that the higher i.e the Supreme Court has the right to transfer of case from one judge to another among its subordinate courts. Q.2- Who can file the application for transfer of case? = As per section 25 of the code of civil procedure, any party can file an application for transferring the suit. Both parties have the right to file the application in the hon'ble supreme court for transferring the case. Q.3- How much time Hon’ble Supreme court take for a decision on transfer petition? = As per the Hon’ble supreme court rules 2013, order 41 provide that the first hearing date of transfer petition is posted before the court for preliminary examination and order as to issue of notice. It normally takes 2-3 months for giving a decision on a transfer petition.

7. Q.4- Fee required of transferring divorce case from one court to another court? • = Transferring a case from one state to another state, transfer petition is to be filed in Hon’ble supreme court and the nominal court of Rs. 10/- is charged. If you engage with an transfer petition lawyer than of course expenses would depend on the fee to be charged by the advocate. And the transfer petition lawyer’s fee can vary lawyer to lawyer. • CASE LAW • In Kalpana Devi Prakash Thakar v/s Dev Prakash Thakar, the Court rejected the request of the wife’s plea for transfer of the matrimonial proceedings from Mumbai to Palanpur, Gujarat taking into account the subsequent considerations: • The husband was a health care provider and his absence from Mumbai could cause inconvenience to his patients • His unwell mother who lived with him required regular medical check-ups and constant care • The witnesses were mainly from Mumbai • The wife had relatives in mumbai with whom she could stay whenever she went there for the case • The husband was ready to bear all the expenses of travel and additionally the traveling expenses of the escort. • Palanpur was well connected to Mumbai by train.

8. Why Choose The Matrimonial Lawyer In Delhi The Matrimonial Lawyers is a Delhi based Law Firm dedicated to Matrimonial & Legal Services. We provide all services related to transfer petition in supreme court through our team of highly qualified. we help our clients to develop strategies to guide them and their families through a very difficult time in their lives. We know how to fight for the rights of a person in the court of law and that’s what we do for our clients. Contact us for Best Transfer Petition Lawyers in Supreme Court.

9. Contact us • ADDRESS- O-11A Basement Jangpura Extension New Delhi:110014 • CALL- +91-8076836899, 9999483959 • EMAIL- info@thematrimoniallawyers.com • WEBSITE- www.thematrimoniallawyers.com