Transferring suits, matrimonial cases, criminal trials, and parallel High Court writ petitions from one State jurisdiction to another across India before the Hon’ble Supreme Court.
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Only the Supreme Court of India holds jurisdiction to transfer a pending civil suit, divorce/custody case, or criminal trial from a court in one State to a court in another State.
Additionally, under Article 139A of the Constitution, the Supreme Court can withdraw or transfer substantially similar Writ Petitions pending before multiple High Courts to itself or to one designated High Court to eliminate conflicting national rulings.
Transfer Petitions before the Supreme Court of India empower litigants to consolidate or relocate proceedings across State borders where two different High Courts lack overlapping territorial reach. Under Section 25 of the Code of Civil Procedure, 1908 (Order XLI SC Rules), the Supreme Court transfers any suit, appeal, or family proceeding from a High Court or Civil/Family Court in one State to another State whenever expedient for the ends of justice—most commonly in matrimonial Divorce, RCR, Guardianship, and Maintenance litigation where one spouse faces severe travel hardship, minor child care burdens, or threat to safety.
Under Section 446 BNSS (corresponding to Section 406 CrPC / Order XL SC Rules), the Supreme Court transfers criminal cases or appeals from one State to another (such as DV Act complaints, Sec 498A/85 BNS trials, or NI Act Sec 138 complaints) where genuine apprehension of bias, witness intimidation, threat to personal safety, or connected cross-proceedings require neutral adjudication in another State.
Additionally, under Article 139A of the Constitution, the Supreme Court exercises specialized Transfer jurisdiction upon application by the Attorney General or a party to withdraw and consolidate writ petitions involving substantially identical questions of general constitutional/tax/regulatory importance pending simultaneously across multiple High Courts.
Inter-state transfer of Divorce, Restitution, Maintenance, Custody, or Civil Suits considering party convenience, dependents, safety, and travel hardship.
Inter-state transfer of criminal trials, domestic violence, or cheque complaints where reasonable apprehension of unfair trial, intimidation, or connected cases exists.
Transferring parallel High Court challenges against common Central statutes, GST circulars, or national regulatory rules.
Obtaining interim stay of the out-of-state proceeding on the first hearing and utilizing Supreme Court Mediation Centre for global settlement.
Reference matrix covering primary statutory enactments, applicable petition nomenclature, limitation windows, and bench maintainability thresholds.
| Governing Provision | Remedy / Petition Class | Limitation & Timing | Bench / Maintainability Standard |
|---|---|---|---|
| Sec 25 CPC & Order XLI SC Rules, 2013 | T.P.(Civil) — Inter-State Transfer of Civil / Matrimonial Suits | Prior to final arguments/disposal in Trial/Family Court | Ends of justice / Comparative convenience (N.C.V. Aishwarya test) |
| Sec 446 BNSS (Sec 406 CrPC) & Order XL | T.P.(Criminal) — Inter-State Criminal Case / Appeal Transfer | At any pre-judgment stage of criminal proceeding | Reasonable apprehension of bias / Safety threat / Connected trial |
| Article 139A(1) & (2) Constitution | T.P.(C) — Consolidating Same Law Question Across Multiple High Courts | While parallel writ petitions remain pending in multiple HCs | Substantial question of general importance avoiding conflicting rulings |
| Supreme Court Mediation Centre Referral | Court-Referred Matrimonial Mediation During Transfer Pendency | Ordinarily referred post Respondent appearance | Video-conferencing exemption (Santhini / Virtual attendance) |
Key binding principles applied at preliminary admission, interim stay consideration, and final adjudication.
In matrimonial Transfer Petitions under Section 25 CPC, financial dependency, travel safety, and care of young children weigh decisively in favour of transferring proceedings to the wife residence forum.
Balances physical transfer necessity with videoconferencing participation options and safeguards fairness in contested matrimonial transfers.
Under Section 406 CrPC / 446 BNSS, criminal transfer is not granted on mere inconvenience alone unless reasonable apprehension of unfair trial, intimidation, or connected inter-state justice requires it.
Allows High Courts or Supreme Court under Article 139A to transfer and decide batch constitutional/regulatory challenges together avoiding fragmented nationwide orders.
Structured chamber workflow from initial record scrutiny and advance service through preliminary admission and final disposal.
Confirm proceedings sit in DIFFERENT States (same-state transfers go to the State High Court under Sec 24 CPC / 447 BNSS, not SC).
Compile full list of pending Divorce, Maintenance, DV, FIR, and Custody cases across both cities with next dates of hearing.
E-file Transfer Petition through AOR paired with urgent I.A. for Stay of Further Proceedings before the outstation court.
Obtain Notice + ex-parte interim Stay halting trial progression in the other State; explore Supreme Court Mediation where parties consent.
Secure final order transferring Trial Record cleanly to destination District/Family/High Court with liberty for virtual appearances where suited.
Yes. Along with issuing notice, the Supreme Court regularly grants an interim stay of further proceedings in the out-of-state Family/Trial Court pending final decision on the Transfer Petition.
Intra-state transfers within the same State are handled by that State’s High Court under Section 24 CPC or Section 447 BNSS / 407 CrPC—not by the Supreme Court.
Yes. Where parties reach a genuine settlement through Supreme Court Mediation during a Transfer Petition, the Court routinely invokes Article 142 to grant mutual consent divorce and quash connected proceedings.
No, mere filing does not operate as a stay. However, once the Supreme Court hears the Transfer Petition on the admission date and issues Notice, it routinely grants an interim stay of further proceedings in the outstation court.
While courts traditionally lean toward the wife convenience in matrimonial cases, a respondent can oppose unfair forum shopping or seek alternative protection such as video-conferencing attendance, reimbursement of travel expenses, or retention if elderly dependents/safety concerns exist.
Yes, under Section 446 BNSS (formerly Section 406 CrPC), the Supreme Court can transfer criminal cases across States—though the threshold is stricter than Section 25 CPC and requires demonstrating serious apprehension of bias, witness difficulty, safety risk, or already-pending connected proceedings.
Explore connected remedies across the Delhi High Court and Supreme Court of India.
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