The High Court of a state and the Supreme Court, respectively, have the authority to transfer any lawsuit, appeal or another process to any Court in the country under Section 24 and Section 25 of the Code of Civil Procedure of 1908.
The Supreme Court may use this authority if it determines that a directive issued pursuant to this Section is necessary to further the interests of justice. Therefore, the Supreme Court has broad authority to order a transfer of a case if it believes that doing so is necessary to uphold the rule of law.
Most often, at the wife's request, this section has been applied in divorce proceedings. When a husband applies for divorce and the wife and he are living apart, the divorce is registered in the place where the parties' last shared residence. The wife, who frequently visited her parents, requests relocation on the grounds that she cannot afford to travel, she cannot leave her child, or she is threatened when she travels to defend the case.
The court almost always grants the wife's request for a transfer with sympathy, but this may not always be the case.
Transfer of Divorce Petition: Grounds by Wife
Prejudice within the jurisdiction
Due to her single status and lack of financial support, the wife finds it challenging to travel to court appearances
An excellent reason for requesting a transfer is if the father is not supportive
Medical history supported by evidence
Elderly and ill parents
The woman must take care of the child; they cannot be left alone or cared for by anyone else
The woman doesn't have a job
Concurrent jurisdiction
Transfer of Divorce Petition: Grounds by Husband
Whenever the woman resides outside of India
When the husband is in the custody of the children
Because of his medical issues, the spouse finds it challenging to travel
The husband finds it challenging to go because of his official responsibilities
Forum Non Conveniens
According to Indian courts, “forum non conveniens” refers to a court's discretionary ability to refuse to hear a case on the justification that a more suitable court with more appropriate jurisdiction already has the authority to consider the case. According to the doctrine of “forum non conveniens”, it must be determined if sending the parties to an unfavourable venue is in the interests of justice. In order to deny the opposing party a fair trial, it is not uncommon for parties seeking retribution to select a place that is inconvenient to them.
It is true that the plaintiff, as "dominus litis," has the right to select the court if more than one court has authority under the CPC to hear the case. The defendant, however, cannot insist that the case be heard in a particular court that is convenient for them. It might not be sufficient for the exercise of authority to be based solely on the convenience of the parties or of any one of them; it must also be demonstrated that a trial within the chosen forum will lead to the denial of justice.
Role of the Judiciary
The Supreme Court said in the case of Gana Saraswathi v H. Raghu Prasad that it was claimed that the Courts typically permit the transfer of divorce petitions brought by wives in order to prevent them from being denied justice because they are unable to take part in procedures started at a different location.
In the case of Dr. Subramaniam Swamy v Ramakrishna Hegde, the Supreme Court ruled that when determining a transfer petition, the Court must consider the convenience of all parties involved and ensure that the rights of other parties are not jeopardized if the motion is approved.
A divorce lawyer is advised since divorce is difficult for everyone concerned and may be complicated. While the lawyer will need to speak with you to obtain information regarding the case, they will also handle all the paperwork, giving you more time to look after yourself and your family.
If you want the assistance of lawyers for your divorce process in Mumbai, then best divorce lawyers in mumbai can be hired, and if you want the assistance of lawyers for your divorce process in Kolkata, then best divorce lawyers in kolkata can be hired. Similarly, the best divorce lawyers in delhi can be employed if you want the assistance of lawyers for your divorce process in Delhi.
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