Introduction

In matrimonial disputes, it is common for spouses to belong to different states or to reside separately after marriage. Often, a divorce or related case is filed in one state, while the wife later seeks transfer of the case to the state where her parental home is located.

A frequent question arises: Should the transfer application be filed before the High Court of the wife’s parental state or before the Supreme Court of India?
This blog explains the correct legal position.

Transfer of Matrimonial Cases: Legal Framework

Transfer of matrimonial cases is governed by procedural law. The authority of a court to transfer a case depends on territorial jurisdiction and the location of the courts involved.

The law draws a clear distinction between:

• Transfers within the same state, and

• Transfers between two different states.

When Can a High Court Transfer a Divorce Case?

A High Court has the power to transfer matrimonial cases only within its own state.

This means:

• From one district court to another district court within the same state

• From one family court to another family court within the same state

A High Court cannot transfer a case pending in another state, even if one of the parties resides within its jurisdiction.

When Is the Supreme Court the Correct Forum?

When:

• The divorce or matrimonial case is pending in one state, and

• Transfer is sought to a court in another state,

the transfer application must be filed before the Supreme Court of India.

The Supreme Court alone has the authority to transfer cases from one state to another.

Statutory Basis for Supreme Court’s Power

The Supreme Court exercises this power under Section 25 of the Code of Civil Procedure, 1908, which allows it to transfer any civil case, including matrimonial matters, from one state to another in the interest of justice.

This provision is frequently invoked in divorce and family law disputes.

Common Practical Scenario Explained

Consider this example:

• Husband files a divorce petition in State A

• Wife is residing at her parental home in State B

• Wife seeks transfer of the case to State B

In such a situation:

• Filing a transfer petition before the High Court of State B is not maintainable

• Filing before the High Court of State A is also not maintainable

• The correct forum is the Supreme Court of India

Who Usually Files Such Transfer Petitions?

In practice:

• Transfer petitions are most often filed by wives

• Courts give due consideration to the convenience and hardship of the wife

However, the right to seek transfer is available to either party, depending on facts.

Factors Considered by the Supreme Court

The Supreme Court considers several factors before allowing a transfer, including:

• Distance between courts

• Financial condition of the parties

• Responsibility of minor children

• Health or safety concerns

• Pendency of connected cases

• Overall interest of justice

Transfer is discretionary and decided on a case-to-case basis.

Can the Transfer Request Be Opposed?

Yes.
The opposite party may oppose the transfer by filing a reply, highlighting:

• Their own inconvenience

• Availability of video conferencing

• Pendency of other proceedings at the original place

The Supreme Court balances the inconvenience faced by both parties.

Important Distinction to Remember

• Same State, Different Districts → High Court

• Different States → Supreme Court of India

This distinction is crucial and often misunderstood.

Consequences of Filing in the Wrong Court

Filing a transfer petition before an incorrect forum can result in:

• Dismissal of the petition

• Loss of time and costs

• Delay in matrimonial proceedings

Understanding jurisdiction helps avoid unnecessary litigation.

Conclusion

In matrimonial disputes involving parties from different states, any request to transfer a divorce or related case from one state to another must be made only before the Supreme Court of India.
High Courts do not have jurisdiction to order inter-state transfers.

Correct forum selection ensures timely adjudication and avoids procedural complications.