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 

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

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

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.

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.

It’s totally your discretion if you don’t contest the matter will be decided on merits by SC

Dear Sir/Madam,

You should not leave the Supreme Court transfer petition unattended.
In matrimonial transfer matters, the Supreme Court often considers the wife’s convenience, but you can appear and place your objections/contradictions on record.
You may also request the Supreme Court to refer the parties to mediation for an overall settlement/divorce terms.

Consult an Advocate-on-Record in Supreme Court and file a proper counter with all pending case details.

Advocate Saurabh Agrawal

Sir/Madam, 

it is suggested that you approach the supreme in the said transfer petition with a prayer of using Art. 142 of Indian Constitution and ending all the disputes cases altogether by sending the matter for mediation at Supreme Court level itself. This may reduce the misery of both the parties. 

Based on the facts stated, it may not be advisable to simply leave the transfer petition uncontested. You should consider filing a response before the Supreme Court, not necessarily to oppose the transfer at all costs, but to place the complete factual background on record and seek appropriate directions. The Supreme Court, while deciding matrimonial transfer petitions, generally gives considerable weight to the convenience of the wife, particularly where she is residing separately and has instituted related proceedings at her place of residence. Therefore, outright opposition to the transfer may have limited prospects unless there are compelling circumstances demonstrating serious hardship to the husband or a risk of prejudice to a fair trial. However, contesting the petition enables the husband to point out that the Andhra Pradesh court has already upheld its jurisdiction, that the divorce proceedings are pending there, and that the wife has simultaneously instituted RCR and criminal proceedings in Tamil Nadu. The contradictions between seeking restitution of conjugal rights on one hand and making allegations such as impotency, cruelty, and criminal misconduct on the other may be relevant circumstances for the matrimonial court, though they may not by themselves defeat a transfer request. More importantly, the response can emphasize that the marriage has effectively broken down, multiple litigations are pending in different states, and continued adversarial proceedings are causing further emotional and financial harm to both parties. In such circumstances, the husband may request the Supreme Court to refer the parties to mediation under the aegis of the Supreme Court Mediation Centre or any court-monitored mediation mechanism before deciding or along with deciding the transfer issue. This approach preserves the husband’s legal position, avoids any inference of acquiescence, and creates an opportunity for exploring a comprehensive settlement covering divorce, maintenance, return of articles, withdrawal or resolution of pending proceedings, and other ancillary disputes. Therefore, a measured response seeking mediation and an overall settlement framework may be more beneficial than either aggressively contesting the transfer or remaining absent and allowing the matter to proceed ex parte.

Dear Querist

you should contest the transfer petition with the aim to amicably settlement with her with the help of the mediators of supreme court which will be beneficial for both the parties and save the money and time for contesting unnecessary litigation.

These cases are very common in various Courts of India. I can understand your concern in this regard. I have dealt with various disputes of such nature. As per Supreme Court Rules 2013, no Advocate other than an Advocate on Record (AOR) is entitled to act for a party in the Supreme Court. 

They say marriages are made in heaven. But so is thunder and lightning. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriage does not guarantee that you will be together forever, it’s only paper. It takes love, respect, trust, faith, understanding and friendship in your relationship to make it last forever. 

Since transfer petition has already been filed, it is better to participate in the proceedings. Parties can also resolve the dispute through Supreme Court Mediation Centre.  

Detailed discussion is required in such matters with complete documents. 

You may contact my secretary to connect with me for clarification. 

Gopal Verma

Advocate-on-Record (AOR)

Supreme Court of India 

Dear Client, Contesting the transfer petition in the Supreme Court is a strategic move that can serve as a powerful catalyst for resolving your son’s matrimonial dispute While you could technically choose not to contest doing so would likely result in the transfer of the divorce case to Tamil Nadu forcing your son to litigate of where he already faces a criminal complaint By filing a detailed counter affidavit you can highlight the contradictory nature of the wife’s claim that is her contradictory allegations in the RCR VS the criminal case and demonstrate to the court that the goal of the transfer is not convenience but harassment This puts you in a position to request the Supreme Court to intervene more substantively rather than just deciding the venue.

Instead of fighting just to keep the case in Andhra Pradesh your objective should be to use Supreme Court’s oversight to shift the process towards Supreme Court monitored mediation The Supreme Court has the extraordinary power under Article 142 of the Constitution who resolve the irretrievable breakdown of a marriage by granting a divorce quashing all pending criminal cases and settling all financial disputes in one single stroke By appearing in the Supreme Court you can inform the bench that both parties are trapped in a cycle of destructive contradictory litigation and pray that the matter should be referred to the Supreme Court Mediation Centre which is far more effective and neutral.

This approach effectively turns a procedural hurdle that is the transfer petition into an opportunity If the mediation succeeds the settlement reached is binding and can be turned into a final decree by the court itself by passing the months or years of waiting usually required for a mutual consent divorce even if she refuses to cooperate having your arguments documented on the record of the Supreme Court provides a strong foundation for your son’s defense in the lower courts. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou