Transfer of civil case
Transfer of Civil Case ( Matrimonial case)
Section 24 of the CPC enables the High Court to transfer any Case, appeal or other proceedings from one civil court to another civil court in the Same State, for example, Mohali to Ludhiana or Panipat to Panchkula. This section also empowers the High Court to suo moto (on its own motion) withdraw any case from a subordinate Court and adjudicate on it or transfer it to another Court.
Procedure to transfer the case from one district to another district –
Hon’ble High court has the power to transfer the case from one district to another district. To get the transfer of jurisdiction from one district court to another you have to move transfer petition either in the State High Court if the transfer of the district court is within the same State in India or to the Supreme Court of India if the transfer of the district court in one State in India to another district court in another State in India.
Grounds to transfer the case –
There has to be sufficient ground for the transfer that will satisfy the court to order the transfer of the case from one district to another. The grounds such as
- Taking a long journey by the wife who has custody of small age minor child for attending court dates.
- Having being employed in one place from where getting regular leave for attending court dates can be difficult to procure in all occasions and that too for more than of a day as few days traveling required for this purpose.
- To attend aged parents suffering from illness and unable to accompany the wife to attend court case and having no other relative to accompany the wife for this court case attendance.
- Unable to get services of an honest lawyer in another place as being cheated a number of times previously, are few of the grounds on which the matrimonial cases have been got transferred from one district court to another in same State or another State.
- When the case is between more than one the parties, then depend upon that who first file the case and who has filed the case with bonafide intention.
This provision has been most often invoked in matrimonial matters, and usually at the instance of the wife. When the husband and wife are living separately and the husband files a petition for divorce or institutes other proceedings under the law relating to marriage and divorce at the place where he is residing, which is usually the place where the parties last resided together, the wife, who has often returned to her parental home, moves for transfer either on the ground that she cannot afford to travel or that she cannot leave her child behind or that she faces threats when she goes to defend the proceedings. The Court invariably takes a sympathetic view of the wifes plea for transfer, but this is not always the case.
In Kalpana Devi Prakash Thakar Vs Dev PrakashThakar, the Court disallowed the wifes plea for transfer of the matrimonial proceedings from Mumbai. to Palanpur, Gujarat taking into account the following considerations:
(i) The husband was a medical practitioner and his absence from Mumbai would cause inconvenience to his patients;
(ii) His old and ailing mother who lived with him needed regular medical check-ups and constant care;
(iii) The witnesses were principally from Mumbai.
(iv) The wife had relatives in Mumbai with whom she could stay whenever she went there-for the case;
(v) The husband was ready to bear the expenses of travel and also the traveling expenses of the escort.
(vi) Palanpur was well connected to Mumbai by train.
The High Court exercises its powers under this section keeping in mind the interest of justice and convenience of the parties. It is to be ensured that unnecessary inconvenience is not caused to any party.