What Are the Grounds for Transferring a Matrimonial Dispute Case?

The Indian Legal System recognizes that new cases may arise, necessitating the relocation of one or both parties to a suitable court where the trial/suit or other processes may be institute/ongoing. Territorial jurisdiction refers to where a suit or trial in a certain case can be institute. In certain cases, the law provides for numerous jurisdictions where a suit or proceedings may be commence, allowing a party to choose the jurisdiction that is most convenient for them to institute the proceedings.

Civil and criminal law both provide a remedy for the aggrieved party in the form of transferring proceedings from one forum to another after establishing the requisite circumstances. The Supreme Court of India has been given the authority to transfer both civil and criminal trials from one court to another, and it has been permit to use its exceptional jurisdiction to allow the transfer of proceedings in cases of visible and explicit miscarriage of justice.

Legal provisions

Section 25 of the Code of Civil Procedure (CPC) addresses the transfer of proceedings by the Supreme Court on its motion or upon the application of a party. However, if satisfied that an order under the provision is necessary for the sake of justice, it may direct that any suit, appeal, or other proceedings be transfer from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State.

In disposing of any application made under this provision, the Supreme Court may, if it believes that the application was frivolous or vexatious, require the applicant to compensate any person who opposed the application. The law applicable to any litigation, appeal, or other proceeding transfer under this section is the law that the court in which the suit, appeal, or other proceeding was originally commence would have applied to such suit, appeal, or proceeding.

According to Article 139A (2) of the Constitution, the Supreme Court has the competence to transfer cases as well as statutory jurisdiction to do so. As a result, the Rules have been establishe. The petition for transfer is well within the court’s discretion to grant or dismiss, and, of course, this is based on the merits of the case and the court’s satisfaction with them.

Section 446 of BNSS The Supreme Court has the authority to transfer criminal cases and appeals pending before one high court to another, or from a criminal court subordinate to one high court to a different criminal court with equal or superior jurisdiction subordinate to another high court. The Supreme Court will only act under this clause if the Attorney General or an interested party applies. In the event that an application is dismiss under Section 446 of BNSS, the Supreme Court shall, if it is satisfy that the application was frivolous or vexing, order the applicant to pay compensation to the respondent in an amount not exceeding Rs 1000.

Grounds for Transferring a Matrimonial Dispute Case

• When the wife has custody of a child younger than a specific age.
• It becomes due when the woman suffers from a significant disease or handicap and is unable to travel.
• When the wife has filed a case in the city where she is requesting transfer.
• When either spouse has presented solid proof that the trial location is extremely unsafe.
• When the parties have no objections to the transfer.

Case Laws

• Santosh Mahindra Mulik v. Mohini Mithu Choudhari, 2019, The Bombay High Court had admitted the transfer petition filed by the wife seeking the transfer of a criminal action brought under Section 12 of the Domestic Violence Act, 2005 (DV Act). The application has been contest on the grounds that the Family Court lacks the power or jurisdiction to hear a domestic abuse matter filed under Section 12 of the Act. Section 26 of the DV Act states that remedies provide under numerous provisions of the Act can be sought in pending legal process before family courts, which will affect both the aggrieve individual and the respondent. It makes no difference whether the procedures were initiate before or after the Act became effective. In terms of the court’s jurisdiction, Section 26 of the DV Act and other court decisions ruling in favour of the aforementioned jurisdiction make it impossible to argue that the Family Court has jurisdiction in such circumstances.
• In Krishna Veni Nagam v. Harish Nagam (2017), the Supreme Court ordered that where the defendants/respondents are station outside the jurisdiction of the court while matrimonial or custody matters or proceedings between parties to the marriage, or arising out of or about disputes between parties to the marriage, the court where proceedings are institute shall consider whether it would be in the interest of justice to include any provision to ensure that the summon Orders including such safeguards can be issue alongside the summons.

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