• Supreme court - Transfer petition - contest or not

My Daughter in law filed for transfer petition in SC to transfer divorce petition from Andhra to Tamilnadu. Should I contest or leave it. Contest to leverage the status of case in SC and ask for SC monitored mediation for achieving divorce. Read the contradictions in the following. This case is certainly of failed marriage litigation is only going to waste lives of two youngsters. 

Subject: Cross-Jurisdictional Matrimonial Disputes and Transfer Petition Management

Parties & Jurisdictions:
Husband (Son): Resides and filed petitions in Andhra Pradesh.
Wife: Resides and filed petitions in Tamil Nadu.

Andhra Pradesh Proceedings (Husband's Petitions):
Initial Filing: The husband initially filed a petition for Judicial Separation in Andhra Pradesh.
Amendment to Divorce: In response to allegations made by the wife in her Restitution of Conjugal Rights (RCR) petition (specifically accusing him of impotency), the husband successfully filed an amendment to convert his Judicial Separation petition into a Divorce Petition on grounds of cruelty/mental agony.
Jurisdiction Challenge: The wife contested the jurisdiction of the Andhra Pradesh court. The court dismissed her jurisdictional challenge, ruling in favor of the husband.

Tamil Nadu Proceedings (Wife's Petitions):
Civil: The wife filed an RCR petition in Tamil Nadu making contradictory statements, including the allegation of impotency.
Criminal: She filed a complaint under Sections 498A (cruelty by husband/relatives) and 406 (criminal breach of trust/stridhan) with the Tamil Nadu Police. The police have filed a charge sheet, and the first appearance in court is scheduled shortly.

Current Supreme Court Status:
The wife has now filed a Transfer Petition in the Supreme Court to move the husband’s divorce case from Andhra Pradesh to Tamil Nadu.
---------------------------------------------------------------------------------------------------------------------
Asked 7 hours ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

5 Answers

the convenience of wife is generally taken into account t 

 

SC would transfer case to Tamil nadu 

 

no need to waste money in contesting proceedings before SC 

Ajay Sethi
Advocate, Mumbai
100565 Answers
8225 Consultations

transfer petition filed by wife should be contested. Husband too should file transfer petition to get cases filed by wife to Andhara Pradesh. 

Siddharth Srivastava
Advocate, Delhi
1557 Answers

Based on the facts provided, it is understood that you have already instituted a Transfer Petition before the Hon'ble Supreme Court of India seeking transfer of the divorce proceedings instituted by your husband from the competent Court in Andhra Pradesh to the competent Court in Tamil Nadu under Section 25 of the Code of Civil Procedure, 1908. Upon filing of the Transfer Petition, the Hon'ble Supreme Court shall examine the petition and accompanying documents to determine whether the matter warrants consideration. If satisfied, the Court will issue notice to the respondent-husband calling upon him to file his response. At this stage, the issuance of notice should not be construed as an acceptance of the transfer request, but merely as an opportunity afforded to the respondent to contest the petition.

Upon service of notice, the respondent-husband may enter appearance through an Advocate-on-Record and file a Counter Affidavit setting out the grounds on which the transfer is opposed. The Counter Affidavit may address issues such as the inconvenience likely to be caused to the husband, the status of the pending proceedings in Andhra Pradesh, financial and personal circumstances, and any other relevant facts that the respondent seeks to rely upon. The petitioner-wife may thereafter, if considered necessary, file a Rejoinder Affidavit dealing with the averments made by the respondent. The matter is thereafter listed before the appropriate Bench of the Hon'ble Supreme Court for hearing.

During the pendency of the Transfer Petition, the petitioner may seek interim relief, including stay of further proceedings before the Family Court in Andhra Pradesh. The grant of such interim protection is discretionary and depends upon the facts and circumstances of each case. Similarly, the respondent may oppose the grant of any interim relief. In appropriate matrimonial disputes, particularly where several proceedings are pending between the parties, the Hon'ble Supreme Court may also explore the possibility of an amicable settlement and may refer the parties for mediation before deciding the Transfer Petition. Such mediation proceedings are without prejudice to the rights and contentions of either party and are intended to facilitate an amicable resolution of the matrimonial disputes.

At the final hearing, the Hon'ble Supreme Court shall consider the pleadings and submissions of both parties and determine whether the transfer of the matrimonial proceedings would serve the ends of justice. While considering the matter, the Court may take into account factors such as the residence of the parties, their financial and personal circumstances, the pendency of connected proceedings, the distance between the two jurisdictions, and the overall balance of convenience. The Court may either allow the Transfer Petition and direct that the divorce proceedings be transferred to the competent Court in Tamil Nadu, dismiss the Transfer Petition permitting the proceedings to continue in Andhra Pradesh, or pass such other appropriate orders as may be necessary in the interests of justice. If the Transfer Petition is allowed, the records of the divorce proceedings shall be transmitted to the transferee Court, and the matter shall proceed from the stage at which it stood prior to the transfer.

It is also pertinent to understand that the Hon'ble Supreme Court, while adjudicating the Transfer Petition, does not decide the merits of the matrimonial dispute or the divorce proceedings themselves. The scope of the proceedings is limited to determining whether the transfer sought is justified in the interests of justice and convenience. Accordingly, your immediate responsibility is to ensure proper representation before the Hon'ble Supreme Court, comply with any procedural directions issued by the Court, and be prepared to respond to the Counter Affidavit filed by the respondent, if any, while placing all relevant facts and circumstances before the Court in support of the transfer sought.

Further if you require any detailed legal assistance kindly contact us on Legal Corridor.

Thanks and Regards,
Adv. Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
528 Answers

Based on the facts stated by you, I would generally advise contesting the Transfer Petition, but not merely for the purpose of opposing transfer. Instead, the contest should be used strategically to place the complete factual matrix before the Supreme Court and simultaneously seek a structured resolution mechanism.
A few aspects stand out.
First, the wife has already invoked the jurisdiction of the Tamil Nadu courts by filing RCR proceedings and criminal proceedings under Sections 498A and 406 IPC (now corresponding provisions under BNS). At the same time, she is seeking transfer of the husband's divorce petition from Andhra Pradesh to Tamil Nadu. While transfer petitions filed by wives are often allowed by the Supreme Court for convenience, they are not granted as a matter of right. The Court examines the overall circumstances, including the conduct of parties, multiplicity of proceedings, distance, employment, financial position, and whether the transfer would genuinely advance justice.
Second, there appears to be a significant contradiction between the relief sought in the RCR petition and the allegations made against the husband. A spouse who genuinely seeks restitution of conjugal rights is expected to demonstrate a desire to resume matrimonial life. Simultaneously alleging impotency, pursuing criminal proceedings, and opposing the husband's matrimonial proceedings may be relevant circumstances to place before the Court. Whether those contradictions ultimately defeat the transfer petition is a separate matter, but they are certainly relevant to the overall assessment.
Third, from a practical perspective, the marriage appears to have irretrievably broken down. The husband has already converted the Judicial Separation petition into a Divorce Petition. The wife has instituted RCR proceedings and criminal proceedings. Multiple jurisdictions are involved. The parties are young and continued litigation is likely to consume several years.
In my opinion, the strongest strategy may be:
File a detailed counter affidavit to the Transfer Petition.
Highlight the contradictory stands taken by the wife in different proceedings.
Highlight that the Andhra Court has already upheld jurisdiction.
Point out the multiplicity of proceedings and the futility of prolonged litigation.
Most importantly, request the Supreme Court to refer the parties to mediation under the supervision of the Supreme Court Mediation Centre before deciding the matrimonial dispute.
Many transfer petitions today are being referred to mediation by the Supreme Court, particularly where the dispute is essentially matrimonial and there remains a possibility of negotiated settlement. Even where reconciliation is impossible, mediation often succeeds in arriving at terms for mutual consent divorce, alimony, withdrawal/quashing of criminal proceedings, return of articles, and closure of all litigation.
If your son's objective is ultimately divorce and finality rather than litigating over venue, then a transfer petition can actually become an opportunity. The Supreme Court is often better positioned than the trial courts to facilitate a comprehensive settlement covering:
Divorce.
Maintenance/alimony.
Withdrawal or quashing of criminal cases.
Closure of RCR proceedings.
Return of stridhan/articles.
Future non-interference clauses.
Therefore, I would not recommend simply consenting to transfer without placing your case on record. Equally, I would not recommend contesting transfer purely on territorial convenience grounds. The more effective approach is to contest the petition through a well-drafted counter affidavit while simultaneously praying for Supreme Court-monitored mediation.
If mediation succeeds, the question of transfer becomes largely academic. If mediation fails, you still retain all rights to oppose transfer on merits and to continue defending the matrimonial and criminal proceedings.
In short, my recommendation would be: Contest the Transfer Petition, place the contradictions and litigation history before the Court, and specifically request referral to the Supreme Court Mediation Centre for a comprehensive settlement. That approach is likely to provide more leverage and a greater chance of achieving final resolution than merely fighting over whether the case remains in Andhra Pradesh or is transferred to Tamil Nadu.

Yuganshu Sharma
Advocate, Delhi
1435 Answers
5 Consultations

It will be better you file an objection to her transfer petition and secure the evidence.

No doubt the supreme court may pass orders in her favor, but this will prove that you have countered her petition effectively and prove her acts of cruelty in the ongoing divorce case.

T Kalaiselvan
Advocate, Vellore
90773 Answers
2523 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer