How to File a Transfer Petition in the Supreme Court of India Under Section 25 CPC: Process, Grounds, Documents, Fees

Kaustav Chowdhury
3 days ago
6 min read

A transfer petition is a legal remedy that allows a party to request the Supreme Court of India to transfer a civil or criminal case from a court in one state to a court in another state. This remedy is commonly invoked in matrimonial disputes, commercial litigation, and cases where a party faces genuine hardship in attending proceedings in a distant court. This article provides a complete guide to filing a transfer petition under Section 25 of the Code of Civil Procedure, 1908 (CPC), including grounds, step-by-step process, required documents, court fees, and expected timelines.

What Is a Transfer Petition?

A transfer petition is an application filed before the Supreme Court of India seeking the transfer of a suit, appeal, or other proceeding from a High Court or subordinate civil court in one state to a High Court or subordinate civil court in another state. The power to order such transfer is exclusively vested in the Supreme Court under Section 25 of the Code of Civil Procedure, 1908, read with Article 139A of the Constitution of India. No other court, including a High Court, has the jurisdiction to transfer a case from a court in one state to a court in another state. Transfer petitions in civil matters are designated as Transfer Petition (Civil), or T.P. (C.), and are governed by Rules XL and XLI of the Supreme Court Rules, 2013.

For criminal matters, the corresponding provision is Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 406 of the erstwhile Code of Criminal Procedure, 1973. This article focuses primarily on civil transfer petitions under Section 25 CPC.

Grounds for Filing a Transfer Petition

Section 25 CPC provides a broad ground: the Supreme Court may order transfer if it is satisfied that such an order is "expedient for the ends of justice." Courts have interpreted this standard through various decisions, and the commonly accepted grounds include:

1. Convenience and hardship: Where one party (commonly the wife in matrimonial cases) faces genuine difficulty in travelling to a distant court due to financial constraints, health issues, childcare responsibilities, or lack of support in the other state.

2. Apprehension of bias: Where the petitioner has a reasonable apprehension that a fair trial is not possible in the court where the case is pending, due to local influence, political pressure, or institutional bias.

3. Safety and security concerns: Where the petitioner faces threats, harassment, or intimidation at the place where the case is pending.

4. Availability of evidence: Where the majority of witnesses and documentary evidence are located in another jurisdiction.

5. Multiplicity of proceedings: Where connected cases are pending in different states and consolidation would avoid conflicting decisions and reduce costs.

The Supreme Court has consistently held that no universal or rigid rules can be laid down for deciding transfer petitions, and each case must be decided on its own facts.

Step-by-Step Process to File a Transfer Petition

Step 1: Engage an Advocate on Record (AOR)

Only an Advocate on Record (AOR) can file a petition before the Supreme Court of India. An AOR is an advocate who has passed the AOR examination conducted by the Supreme Court and is authorised to file cases directly before the registry. You must execute a Vakalatnama (power of attorney) in favour of the AOR, authorising them to act on your behalf.

Step 2: Draft the Transfer Petition

The petition must clearly state the details of the case sought to be transferred (case number, court, parties), the grounds for seeking transfer with supporting facts, the court to which transfer is sought, and the relief prayed for. The petition must be supported by a sworn affidavit by the petitioner or a person well-versed with the facts of the case.

Step 3: Compile Annexures and Supporting Documents

Attach certified copies of the plaint, written statement, interim orders, and any other relevant court proceedings from the case sought to be transferred. If the documents are in a language other than English or Hindi, attach translated copies.

Step 4: File the Petition Before the Supreme Court Registry

The petition is submitted to the Registry of the Supreme Court either in hard copy or electronically through the Supreme Court's e-Filing portal. The requisite court fee, process fee, and all annexures must accompany the petition. The registered clerk of the AOR files the process fee after the court issues notice.

Step 5: Listing and Notice to the Respondent

After the petition passes scrutiny, it is listed for preliminary hearing before a bench. If the Court finds merit, it issues notice to the respondent(s) and may also stay the proceedings in the court from which transfer is sought. The Registry of the Supreme Court sends the notice to the respondent(s).

Step 6: Hearing and Order

After hearing both parties, the Supreme Court will either allow the transfer petition and direct the transfer of the case to the specified court, or dismiss the petition. Under Section 25(4) CPC, if the petition is found to be frivolous or vexatious, the Court may impose costs on the petitioner.

If you need to obtain a stay on proceedings while the transfer petition is pending, you may also wish to read our guide on how to get a stay order from court in India.

Documents Required for a Transfer Petition

The following documents are required when filing a transfer petition before the Supreme Court:

1. The transfer petition with grounds for transfer clearly stated.

2. A sworn affidavit supporting the petition, executed by the petitioner or a person familiar with the facts.

3. Vakalatnama in favour of the Advocate on Record.

4. Certified copies of the plaint, written statement, and any interim orders passed in the original case.

5. Copies of court notices received.

6. Supporting evidence demonstrating the grounds for transfer (medical certificates, address proofs showing current residence, evidence of threats or harassment, etc.).

7. In matrimonial matters, copies of the marriage certificate and the divorce or matrimonial petition.

8. Translated copies of any documents not in English or Hindi.

All documents must be properly paginated and filed as part of the paper book as required by the Supreme Court Rules, 2013.

Court Fees for a Transfer Petition

Under the Third Schedule of the Supreme Court Rules, 2013, the court fee for filing a Transfer Petition (Civil) is Rs. 50 per petitioner. Process fees are payable separately when notice is issued by the Court. In addition to the court fee, advocate fees are contractual and vary based on the complexity of the matter, the reputation and experience of the AOR, and the city of practice. Court fees are nominal, but the overall cost of filing a transfer petition includes the AOR's professional fees, travel costs, and miscellaneous expenses for obtaining certified copies and notarized affidavits.

Timeline for Disposal of a Transfer Petition

There is no statutory timeline prescribed for the disposal of a transfer petition. The time taken depends on factors such as the Supreme Court's docket load, the complexity of the case, whether the respondent contests the petition, and the number of adjournments. In straightforward matrimonial transfer petitions, disposal may take anywhere from 3 to 12 months after filing. In complex commercial matters, the timeline may be longer. If the Court issues notice and grants an interim stay, the proceedings in the original court will remain stayed until the transfer petition is decided.

Common Mistakes to Avoid

1. Filing without genuine grounds: Transfer petitions filed merely to delay proceedings or harass the other party will be dismissed with costs under Section 25(4) CPC.

2. Not engaging an AOR: Only an Advocate on Record can file petitions before the Supreme Court. Attempting to file through a regular advocate without an AOR will result in rejection at the registry stage.

3. Incomplete supporting documents: Failing to attach certified copies of the original case proceedings or a proper affidavit will delay registration.

4. Filing at the wrong stage: If the case in the original court is at an advanced stage (nearing final arguments), the Supreme Court may decline to transfer it.

5. Confusing intra-state and inter-state transfers: Section 25 CPC applies only to inter-state transfers. For transferring cases between courts within the same state, the application must be made to the relevant High Court under Section 24 CPC.

If the dispute involves questions of document authenticity or proof, you may also wish to read about the Supreme Court's ruling on marking of a document as an exhibit not amounting to proof of its contents.

Key Takeaways

1. A transfer petition under Section 25 CPC is the exclusive remedy for transferring a civil case from a court in one state to a court in another state. Only the Supreme Court has this power.

2. The primary ground is that the transfer must be "expedient for the ends of justice." Common grounds include hardship, bias, safety concerns, and convenience of evidence.

3. The petition must be filed through an Advocate on Record (AOR) and supported by a sworn affidavit.

4. Court fees are nominal (Rs. 50 per petitioner), but advocate fees and associated costs vary.

5. Frivolous transfer petitions can attract costs under Section 25(4) CPC.

6. For criminal matters, the corresponding provision is Section 446 of the BNSS, 2023.

For related procedural remedies, you may also find it useful to read our articles on how to file a curative petition before the Supreme Court, how to file a second appeal under Section 100 CPC, and how to file a suit for injunction in India.