Transfer petition lawyer in Delhi
When a case is filed in a distant city or state to harass you, a transfer petition can bring it to a court that is fair and convenient. Advocate Karan Dua drafts and argues transfer petitions before the Supreme Court and the Delhi High Court.
Transfers we handle
When a spouse files in a remote city to harass the other, the Supreme Court has constitutional power to move the case to a fair forum.
Inter-state transfer
Divorce, restitution of conjugal rights and custody petitions moved between states.
Section 25 CPCStay of distant proceedings
Seeking a stay of the trial court case at the first listing, so you need not attend.
Interim stayTransfer within Delhi
Moving cases between Delhi District Courts, such as Saket, Dwarka and Tis Hazari.
Delhi High CourtCriminal case transfer
Transfer of connected criminal matters where the facts justify it.
Section 406 CrPCMediation and global settlement
Many transfer petitions are referred to the Supreme Court Mediation Centre, where all disputes can be settled together.
Supreme Court Mediation CentreWhat a transfer petition is built on
The court looks at how hard it would be for you to fight the case where it is currently pending.
Travel distance
The distance between the two cities and the burden of repeated travel.
Financial hardship
Limited income or dependence, making interstate litigation unaffordable.
Personal safety
Genuine concerns about safety when travelling to or staying in the other city.
Children
A young child’s schooling and care, especially where the child lives with you.
Medical & caregiving
Medical infirmity, or care of elderly family members.
Whether a transfer is ordered depends on the facts of each case.
The five stages of a transfer petition
A transfer petition typically takes 2 to 6 months, depending on listing and whether mediation is attempted.
Pleadings & grounds
Studying the distance, financial position, safety and child-related grounds.
Drafting the petition
The transfer petition with affidavit and an application for stay.
Listing & stay
Appearing before the bench to obtain notice and an interim stay.
Mediation referral
Referral to mediation for a possible global settlement.
Final transfer order
Records are sent to your home court, where the case continues.
Supreme Court or Delhi High Court?
Which court hears your petition depends on where the case is pending and where you want it moved.
Cases pending in another state
- →Moving a case from a court in one state to a court in another.
- →Filed under Section 25 CPC, and Article 139A where required.
- →Petition filed through an Advocate-on-Record.
Cases within Delhi
- →Moving a case between Delhi District Courts, such as Saket, Dwarka and Tis Hazari.
- →Useful when a court is far from your home or workplace.
- →Heard by the High Court within its territorial jurisdiction.
Filing documents checklist
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Where to file
Common questions
Does the Supreme Court prefer the wife in transfer petitions?▾
The court has often leaned towards the wife’s convenience, especially where she has custody of minor children, no independent income, or a long travel distance. Petitions by husbands on genuine medical grounds are also entertained.
What happens to the trial court case while the transfer petition is pending?▾
When a transfer petition is admitted, the Supreme Court typically stays further proceedings in the trial court, so you do not have to appear in the distant court in the meantime.
Can a husband file a transfer petition?▾
Yes. Either spouse can file where there is a genuine ground, such as medical infirmity or the care of dependants. Each petition is decided on its facts.
Speak to the Advocate
O-11A, Basement, Jangpura Extension, New Delhi 110014. Mon to Sat, 9:00 AM to 6:00 PM, by prior appointment.