Quick answer: A transfer petition in matrimonial cases asks a court to move a divorce, maintenance, custody or related case to another court. The Supreme Court decides inter-state transfers under Section 25 CPC (civil) and Section 446 BNSS (criminal). Within a state, the High Court or District Court decides under Section 24 CPC or Section 447 BNSS.
When spouses live in different cities, one of them often files a transfer petition in matrimonial cases to avoid long journeys for every hearing. Courts do not grant these petitions automatically. They weigh each spouse’s hardship, the children’s needs and the interests of justice.
Which Court Decides a Transfer Petition in Matrimonial Cases?
The forum depends on location and case type:
- Different states, civil case: The Supreme Court can move a divorce, restitution, custody or maintenance suit under Section 25 of the Code of Civil Procedure (CPC).
- Different states, criminal case: The Supreme Court can move a cruelty case under Section 85 BNS (old Section 498A IPC) under Section 446 BNSS, which replaced Section 406 CrPC.
- Same state, civil case: The High Court or the District Court can act under Section 24 CPC.
- Same state, criminal case: The High Court can act under Section 447 BNSS, which corresponds to Section 407 CrPC.
In Delhi, for example, a spouse who wants a case moved from Saket Family Court to Rohini Family Court would apply under Section 24 CPC, not to the Supreme Court.
What Courts Look At
Courts usually consider the following factors together:
- the financial position of each spouse, including whether the wife has an independent income;
- who looks after the children, and their age and schooling;
- the distance and travel cost between the two cities;
- health, safety concerns and the availability of family support;
- whether the applicant chose the original court.
Courts often give weight to the convenience of a financially dependent wife. However, recent rulings show that this preference is not absolute.
Key Case Law
Santhini v. Vijaya Venketesh (2017)
A three-judge bench of the Supreme Court ruled 2:1 that a court cannot direct video conferencing while deciding a transfer petition. The majority overruled Krishna Veni Nagam v. Harish Nagam on this point. It left the choice to the Family Court, which may allow video hearings after settlement efforts fail, with the parties’ consent or in the interest of justice.
Ankita Bhati v. Dev Raj Singh Bhati (2023 INSC 643)
The Supreme Court dismissed a wife’s petitions to move several cases from Solan to Delhi. It held that one spouse’s inconvenience alone does not justify a transfer. The court must weigh hardship to both sides. It asked the Solan courts to finish within one year.
Vipul Chhanganlal Solanki v. Nikita Vipul Solanki (2026)
The Gujarat High Court had moved a husband’s divorce case from Ahmedabad to Vadodara at the wife’s request. The Supreme Court set that order aside. The husband was raising two minor children, and the wife worked and could join hearings online. The Court let her appear virtually until the trial court needed her in person.
Step-by-Step: Filing or Opposing a Transfer Petition
- Map every case. List each divorce, maintenance, DV, custody and criminal case, with its court, stage and next date.
- Choose the right forum. Use Section 25 CPC or Section 446 BNSS for inter-state moves, and Section 24 CPC or Section 447 BNSS within a state.
- Gather proof of hardship. Collect income records, medical papers, school records and travel details.
- Draft a precise petition. Show real hardship, not mere inconvenience, and attach certified copies of the pleadings.
- Consider mediation. The Supreme Court often sends spouses to mediation at the notice stage. Many couples settle there.
- If you oppose it, respond on time. File a reply with your own hardship evidence. If you ignore a notice, the court may decide the petition without you.
If the spouses settle, they can often close all pending cases together. Our guide on mutual consent divorce in India explains that route.
FAQs on Transfer Petitions in Matrimonial Cases
Can a wife transfer a divorce case to her city?
Yes, she can apply, and courts often favour a dependent wife. Still, the court weighs both spouses’ hardship and the children’s needs before it agrees.
Can a husband file a transfer petition?
Yes. A husband can seek a transfer, for example when he cares for young children or faces serious health or safety issues.
Can a 498A or BNS 85 case move to another state?
Yes. The Supreme Court can move a criminal case between states under Section 446 BNSS. Inconvenience alone rarely succeeds.
Can the court order video hearings instead of a transfer?
Not while it decides the transfer petition, after Santhini. The Family Court may still allow virtual hearings later, and the Supreme Court has permitted virtual appearance in some cases.
How long does a transfer petition take?
No fixed timeline applies. Practitioners report that many Supreme Court transfer petitions take a few months, depending on notice, service and mediation.
Lex Pleaders advises individuals and families on divorce, maintenance, custody and transfer petitions before Family Courts, the Delhi High Court and the Supreme Court. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.