Transfer Petitions in criminal and matrimonial disputes

It is a settled practice of law that transfer petition favour women. However, there are many instances where petitions favour men even if a virtual hearing is ordered.

A cursory glimpse at some interesting judgements.

Criminal cases under trial :? transferred from one State to another only in "exceptional circumstances".

The power to transfer cases under Section 406 of the Code of Criminal Procedure should be used sparingly.

"This court has allowed transfers only in exceptional cases considering the fact that transfers may cast unnecessary burden? on the State Judiciary and the prosecution agency. Thus, over the years, this court has laid down certain guidelines and situations wherein such power can be justiciably invoked”

In Matrimonial cases?: Leniency towards women in transfer petition should not be misused

The wife had requested transfer of petition from Mangalore or Mumbai, even thought she was permanent resident of Canada and had attended mediation virtually. The Supreme Court had decided transfer petition in favour of husband stating that wife can travel to Mangalore and give exemption from appearance whenever needed.

Delma Lubna Coelho v. Edmond Clint Fernandes

Matrimonial Case: The wife’s convenience

The Supreme Court had observed that usually its wife’s convenience which is looked into, for deciding transfer petitions in matrimonial dispute. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer”

The court also observed that it is just and proper to club all cases together to avoid multiplicity of the proceedings and conflict of decisions. "Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions

Case: NCV Aishwarya vs AS Saravana Karthik Sha | 2022

Criminal matter stay transfer:? Senior? citizens allowed stay on grounds of health

The Apex court had allowed a transfer petition. There was a review filed requesting to recall or modify transfer petition as the accused has delicate health and trial is also at its last stage.

The Supreme Court allowed the stay of transfer on ground of health? of senior citizens.

Ketan Kantilal Seth v. The State of Gujarat and Ors. (Neutral Citation: 2023 INSC 671)