Transfer petition filed by wife
1. Introduction
The Supreme Court may transfer any case, appeal, or other proceedings from a high
court or other civil court of one state to another high court or civil court of a different
state, according to Section 25 of the Code of Civil Procedure (CPC). The supreme
court has broad authority to transfer cases from one state's jurisdiction to another
when it determines that an order made under this section must serve the interests of
justice. The Supreme Court has been granted the authority to transfer cases from
one jurisdiction to another in order to guarantee that no one is subjected to any form
of injustice due to legal gaps.
This Transfer of Petition can be done for the following cases:
a. civil cases that are transferred between states.
b. criminal cases that are transferred between states.
c. divorce case transfer from one state to another.[1]
2. History
As a politician for the BJP, Ashwini Kumar Upadhyay practices law. On the grounds
that the laws pertaining to marriage age, inheritance and succession, divorce and
maintenance, adoption, and guardianship violate fundamental rights and
constitutional directives, Upadhyay filed five petitions between August 2020 and
February 2021. The overall goal of these petitions is to establish a Uniform Civil
Code (UCC).
On August 14, 2019, Upadhyay challenged the different minimum marriage ages for
men and women in the Delhi High Court. On September 12, 2019, a case of a similar
nature was also filed in the Rajasthan High Court. In order to prevent inconsistent
rulings, Upadhyay filed a petition with the Supreme Court (SC) on October 26, 2020,
asking for the transfer of both of these cases to the court.[2]
3. Grounds taken by wife in the transfer petitions are
1. Safety Concerns: The wife may mention incidents of harassment, threats, or
intimidation by the other party or their associates in order to articulate her concerns
for her safety or well-being.
2. Convenience: It is possible to make the case that a different jurisdiction would be
more practical for a just legal process by highlighting elements like the wife's place of
residence, the court's accessibility, or the location of the evidence.
3. Neutrality of Venue: The petitioner may claim that it is difficult for her to get an
unbiased hearing because the existing jurisdiction is biased or not neutral.
4.Family Welfare: Should there be children involved, the spouse may contend that a
transfer of jurisdiction would be optimal for the family, guaranteeing a more stable
and nurturing atmosphere for the student.
5. Evidence and Witnesses: One possible ground for citation is the location of
important witnesses or evidence, which would highlight the necessity of a transfer to
guarantee the availability and impartiality of the legal proceedings.
6. Judicial Precedents: To bolster the validity of the request, comparable cases
where a transfer was approved for comparable reasons may be cited.
Together, these justifications strengthen the wife's case for a transfer, which she is
requesting the court to consider and approve on the basis of the case's merits.[3]
4. Some of landmark cases of transfer of cases in
matrimonial matters:
In Dr Subramaniam Swamy v. Ramakrishna Hegde,1989
Facts:- The petitioner made some defamatory remarks at a press conference in New
Delhi on January 10, 1989. The respondent filed a defamation suit in Bombay High
Court against the petitioner, claiming Rupees One Crore as damages for the harm to
his reputation. The petitioner was accused of making multiple accusations during the
aforementioned press conference, which were extensively covered by the
newspapers on January 11, 1989. Essentially, the claim was that the respondent and
his kin amassed over Rupees 300 crores via deceitful transactions involving
properties in Bangalore and other regions of Karnataka, where the respondent gave
preference to his friends and family over non-resident Indians.
Under Section 25 of the Civil Procedure Code, the petitioner filed an instant petition
asking for the suit to be transferred from the Bombay High Court to a Karnataka civil
court, preferably the City Civil Court in Bangalore, on the grounds of forum nonconvenience.
Court Decision:- The need for justice must always come first when deciding
whether to transfer a case under Section 25 of the Code of Civil Procedure. The
ruling stated that while the parties' convenience alone may not be sufficient to
exercise power, it is still necessary to demonstrate that a trial in the designated
forum will deny justice. The Court may review the control and determine whether
there should be no hesitation in transferring the case if doing so is necessary to
achieve the goals of justice. The dominus litis right to select the forum and take the
complainant's convenience and other factors into consideration.
Cannot overshadow the importance of justice. Justice must be served at all costs,
including if that means moving the case from one court to another. The wife's plea is
often read with sympathy by the court, but this isn't always the case.[4]
Conclusion
Finally, the wife's transfer petition is an appeal to the court to intervene on her behalf
in order to move the legal proceedings to a more appropriate location. It sums up her
pursuit of justice by highlighting important elements like convenience, safety, and a
fair trial. Citing incidents of harassment, threats, or other strong arguments that have
a negative impact on her well-being or jeopardize the fairness of the legal process,
the petitioner emphasizes the need for the transfer. The petitioner's faith in the
judiciary to carefully analyse and consider these circumstances is strengthened by
the ruling.
This legal move attempts to safeguard the wife's rights and interests while also
making sure that the courtroom is a fair and impartial place for the proceedings to
take place. The plea recognizes the court's critical role in defending the values of
equity and justice. The wife is requesting a transfer in order to create an environment
in which both parties can present their cases fairly and to ask the court to ensure that
the legal process proceeds without undue bias or prejudice. In the end, the transfer
petition represents the petitioner's confidence in the legal system to preserve the
values of justice and defend the rights of all parties concerned, and it is an essential
step in the search for a just and equitable resolution.
Citation
1. Introduction available at https://www.lawinsider.in/columns/what-is-a-transferpetition (Last visited on 3 December at 7:10 am)
2. History available at https://www.scobserver.in/reports/ashwini-kumarupadhyay-uniform-marriage-age-transfer-petition-summary/ (Last visited on 3
December 9:00 am)
3. Grounds transfer petitions available at
https://www.legalservicesindia.com/article/2238/Transfer-Petition-filed-bywife.html (Last visited on 4 December at 11:10 am)
4. landmark cases of transfer available at Dr Subramaniam Swamy Vs
Ramkrishna Hegde: SC Is Authorized To Allow A Transfer Petition If It Is
Satisfied (lawyersclubindia.com) (Last visited on 4 December at 6:25 pm)
