How to Transfer a Matrimonial Case to Another Court

What does it mean to transfer a matrimonial case?

A transfer moves a pending case from one court to another court of the same rank. The divorce petition, the maintenance claim or the custody case is not decided afresh. It continues in the new court from the stage it had reached, with the pleadings, the interim orders and any evidence already recorded. The new judge simply takes over the file.

The law starts from the position that a case stays where it was properly filed. Under the Hindu Marriage Act a divorce petition can be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or, for a wife, where she lives on the date of filing. So the husband may have filed perfectly legally in his own city, and the wife cannot get the case dismissed merely because it is far from her. What she can do is ask a higher court to move it.

To transfer a matrimonial case, the party asking must show a good reason: hardship that is more than inconvenience, a safety concern, a child who cannot be left alone, or connected cases that ought to be heard together. Judges also ask whether the transfer would simply shift the hardship to the other side. A petition that only says 'the court is far from my house' rarely succeeds on its own.

Our service page on transfer of a matrimonial or criminal case in Delhi covers the criminal side, including transfers on the ground of bias. This guide stays with family cases: divorce, judicial separation, restitution, maintenance, custody, guardianship and the related Domestic Violence Act and 498A matters that tend to travel with them.

The provisions that allow a transfer

Which court can transfer your case?

Work out where the two courts are before you draft anything. The single most common reason a transfer petition is returned is that it was filed in a court that has no power over one of the two courts involved.

If both courts are in the same Delhi district, say two family courts at Saket, the application goes to the head of that district. For family court cases this is usually the Principal Judge, Family Courts of that district; for civil cases before a civil judge it is the District Judge. The application is short, it is often decided within a few hearings, and it costs little.

If the courts are in different Delhi districts, for instance a divorce petition at the Rohini family court and a custody case at Karkardooma, only the Delhi High Court can transfer either of them, because only the High Court supervises both districts. The petition is heard by a single judge. This is a private law firm's website; for official case status and cause lists, use the Delhi High Court's own website.

If one court is outside Delhi, in Gurugram, Noida, Faridabad or anywhere else in India, neither the District Judge nor the Delhi High Court can help. The petition lies only to the Supreme Court under Section 25 CPC, or Section 446 BNSS for a criminal case. People are often surprised that the Delhi High Court cannot move a case from Ghaziabad, ten kilometres away, but that is the law. Our page on taking a matter to the Supreme Court from Delhi explains how such filings are done through an Advocate-on-Record.

Who decides the transfer, at a glance

Grounds that persuade a court

Courts accept that a matrimonial case is often harder on the wife. She may have moved back to her parents' home with a child, she may have no income, and she may be travelling alone to a city where her husband's family lives. Judges have for decades given weight to her convenience when deciding a transfer. That weight is real, but it is not a rule that she wins whenever she asks.

In N.C.V. Aishwarya v. A.S. Saravana Karthik Sha (2022), the Supreme Court said the wife's convenience must generally be looked at, while the ultimate test remains the ends of justice. A husband who has custody of the children, who is unwell, or who has a disability can show hardship of his own. Where both sides face real difficulty, the court may refuse the transfer but order the husband to pay the wife's travel and stay expenses for each date.

Grounds that usually succeed: a young child who cannot be left behind or brought along easily; a wife with no independent income travelling a long distance; a credible threat to safety at or near the court; illness or disability with medical proof; and, most of all, connected cases pending in different courts. Grounds that usually fail on their own: ordinary distance within Delhi, a preference for a particular judge, a complaint that the court gives long dates, and anything that looks like a tactic to delay a case near its end.

The stage of the case matters a great deal. A petition filed at the start, soon after notice, is treated more kindly than one filed after the wife has attended for two years and evidence is nearly over. If you intend to ask for a transfer, ask early.

When the wife files a transfer petition in the Supreme Court

The most common inter-state situation is a transfer petition by a wife: the husband files for divorce where he lives, say in Bengaluru or Jaipur, and the wife, now living in Delhi, applies to the Supreme Court to bring it to a Delhi family court. Every such petition must be filed through an Advocate-on-Record, supported by her affidavit, with copies of the petition filed by the husband and proof of where she lives.

At the first hearing the Supreme Court usually issues notice to the husband. In many matrimonial transfer petitions it also stays further proceedings in the court below until the next date, and refers the couple to the Supreme Court Mediation Centre. Mediation is not a formality. A good number of these petitions end with a mutual consent settlement covering divorce, alimony and custody, recorded before the Supreme Court itself.

If mediation fails, the court decides the petition on the usual factors. It may transfer the case, dismiss the petition, or dismiss it on terms, such as directing that the wife's appearance be allowed by video link or that the husband pay her travel costs. It may also transfer cases the other way where the husband has the children.

When Advocate B.K. Singh prepares a wife's transfer petition, he asks her for the plain arithmetic of attending one date: the train or flight fare, the hours each way, who looks after the child, and where she would stay. A paragraph of real numbers, with one ticket receipt or fare printout attached, persuades more than a page of general hardship.

Section 24 CPC transfer inside Delhi: how it works

A Section 24 CPC transfer between Delhi districts is filed in the High Court as a civil transfer petition. It names the other spouse as respondent, sets out every pending case between the parties with its court, case number, stage and next date, and explains why the transfer is needed. A supporting affidavit is mandatory, and an advance copy is served on the other side before the petition is listed.

Distance alone is a weak ground within Delhi. Judges know that the metro reaches every district court complex, and a petition saying only that Rohini is far from Sangam Vihar can fail. The petition grows stronger when it adds facts: a two-year-old child, fixed working hours, an elderly parent who needs care, an incident outside the court complex recorded in a police complaint, or the husband's family living a few lanes from the court.

The strongest Delhi petitions are for clubbing. A separating couple often has a divorce petition in one family court, a maintenance or custody petition in another, and a Domestic Violence Act case before a magistrate somewhere else. The High Court readily brings the family court cases together, usually to the court where the first case or most cases are pending, or to the court nearest the parent who has the children. The Domestic Violence Act case is heard by a magistrate, so it moves under the criminal transfer provisions; our guide on challenging a Domestic Violence Act order covers how those cases reach the High Court.

Delhi's family courts sit in the district court complexes, and each district's family courts have their own Principal Judge. Our page on the Delhi family courts explains which complex serves which area, which helps you choose the court you ask for.

How to transfer a matrimonial case, step by step

The sequence is the same whether you file before a District Judge, the Delhi High Court or the Supreme Court. The paperwork grows at each level.

1. List every case between you and your spouse

   Write down each pending case with the court, case number, stage and next date: divorce, maintenance, custody, Domestic Violence Act, 498A, even a civil suit over jewellery. This tells you which court has power and which cases are worth clubbing.

2. Collect certified or e-court copies

   Get the petition filed by the other side, your reply if filed, and the latest order sheets from each court. Download the case status printout from eCourts for each case.

3. Gather proof of your grounds

   Address proof, the children's school records, medical certificates, salary slips or proof of no income, fare printouts, and any police complaint about threats. Grounds without paper behind them carry little weight.

4. Draft the petition and affidavit

   State the facts in short numbered paragraphs, the grounds, and the relief: transfer to a named court, and in the alternative a video appearance or travel costs. Attach the documents as annexures.

5. Serve an advance copy and file

   Send a copy to the other side or their advocate and keep proof of service. File in the correct court with the court fee; in the Supreme Court this is done through an Advocate-on-Record.

6. Ask for an interim stay if a key date is close

   If evidence or final arguments are listed soon in the other court, ask at the first hearing for a stay of those proceedings. Courts grant this sparingly, so explain why the stage matters.

7. Attend mediation and the hearing

   Most transfer petitions are referred to mediation at least once. If no settlement emerges, the court hears both sides briefly and passes an order, often in one or two hearings after replies.

8. Follow the transfer order through

   Once transferred, the record is sent from the old court to the new one. Check that it has arrived, get the case number in the new court, and appear on the date given. Files sometimes take weeks to move, so follow up.

If you are in a hurry, the step people skip is the third one. A petition with strong facts but no documents is often adjourned for papers, and the delay defeats the point of asking.

How long a transfer petition takes and what it costs

Documents to keep ready

• Copy of the petition filed by your spouse and any reply or written statement filed by you
• Latest order sheets and eCourts case status printouts for every pending case between you
• Your marriage certificate or wedding card and photographs, if the marriage itself is disputed
• Proof of your present address: Aadhaar, rent agreement, electricity bill or a letter from your parents
• Children's birth certificates and school records showing where they study
• Medical certificates for any illness, pregnancy or disability you rely on
• Salary slips, bank statements or an affidavit of no income
• Fare printouts or receipts showing the cost and time of travel to the present court
• Copies of police complaints, DD entries or messages showing threats, if you rely on safety
• Identity proof and, for an NRI, the passport pages and power of attorney if a relative is filing

Video hearings instead of a transfer

Many transfer petitions could be avoided by a simple order allowing a party to join by video link. Delhi's family courts and the High Court run hybrid hearings, and a judge can permit a party who lives far away to appear online for routine dates. This is often quicker and cheaper than a transfer and keeps the case on track.

There is a limit. In Santhini v. Vijaya Venketesh (2017), a three-judge bench of the Supreme Court held that in matrimonial cases the family court may allow video conferencing after settlement efforts have failed, if both parties agree. It cannot be forced on an unwilling spouse at the stage of reconciliation. Since then, hybrid hearings have become routine, and courts often permit video appearance for procedural dates, but the evidence stage usually still needs physical presence or a formal commission.

So ask for it in the right way. In the transfer petition, pray for a transfer and, in the alternative, for leave to appear through video link on all dates except those on which your personal presence is necessary. NRIs in particular should read our guide on how NRIs handle divorce cases in Delhi without travelling, which explains powers of attorney and online evidence.

What happens to the case while the petition is pending?

Nothing stops on its own. The case below continues unless the higher court passes a stay. A wife who files in the Supreme Court and then stops attending the family court in Jaipur can find an ex parte divorce decree passed against her. Keep appearing, in person, through a counsel or by video link, until you hold an order that says otherwise.

If a stay is granted, make sure the court below knows. File a copy of the order in that court, or have your advocate there mention it. Courts do not always learn of higher court orders quickly, and an unnoticed stay is of no help.

Interim maintenance does not wait for the transfer. If you have applied for maintenance pending the divorce, press it in the court where it is pending; our guide on how fast interim maintenance can be granted explains the affidavit of assets and the timelines. A transfer petition is not a reason to delay money you need now.

What usually goes wrong

• Filing in a court without power. The Delhi High Court cannot move a case from Noida or Gurugram. Check where both courts sit before drafting.
• Stopping attendance in the original court. A pending petition is not a stay. Ex parte orders are passed against people who assume otherwise.
• Pleading hardship without proof. Medical papers, school records, fare printouts and income proof turn an assertion into a fact.
• Asking too late. A petition after two years of attendance, with evidence nearly complete, is often seen as a delaying tactic.
• Not asking for alternatives. If the court will not transfer, it may still allow video appearance or order travel costs, but only if you ask.
• Making allegations against the judge. Unsupported claims of bias against a family court judge harm the petition and can attract costs. Rely on facts about hardship and connected cases instead.

If your spouse has filed for a transfer

Do not ignore the notice. File a short reply, on affidavit, that answers the facts: where you live, who has the children, your own health and work, and the stage of the case. If the wife's petition overstates the distance or the difficulty, say so with documents. If you have custody of the children, that is often decisive.

Think about what you can offer. A husband who agrees to pay travel and stay costs for each date, or consents to her appearing by video, gives the court a reason to dismiss the transfer on terms. Courts respond well to a practical offer and badly to a flat refusal.

Consider whether opposing the transfer is worth it at all. If the wife already has maintenance and custody cases in Delhi, a transfer of the divorce may suit you too, by putting all cases before one judge who can see the whole dispute. In such cases Advocate B.K. Singh often advises the husband to consent to clubbing in return for an early mediation date, which saves both families a year of travel.

Settlement, mediation and the cases that travel together

A transfer petition often becomes the first real opportunity to settle. Both sides are before a higher court, the mediator has the whole file, and the cost of fighting in two cities is plain to see. Delhi has well-run court-annexed mediation centres, and our guide on settling family disputes at the Delhi High Court mediation centre explains how sessions work and what a settlement deed contains.

A settlement can cover more than the divorce. It can provide for alimony, custody and visitation, return of streedhan, and the withdrawal or quashing of criminal cases. A 498A FIR does not end merely because the couple settles; the High Court has to quash it under Section 528 BNSS (old Section 482 CrPC). Our page on quashing a 498A FIR in the Delhi High Court explains that step.

Do not agree to anything at mediation that you have not read in full. Ask for the draft settlement, take a day to think, and check that every pending case is named and dealt with.

What to do this week

Make the list of every case between you and your spouse, with court and next date, and download the order sheets from eCourts. Check the next date in the court you want to leave and make sure you or your advocate will appear on it. Collect the proof of your grounds: address, children's school, medical papers, income and travel costs.

Then decide which court has power and whether a transfer is the right remedy or a video appearance would do. If you live outside Delhi, our guide on consulting a Delhi High Court lawyer online explains how a first meeting works by video. Our service page on transfer petitions in the Delhi High Court sets out how we handle these cases.

If you would like your papers looked at, or want to know about any change in the law on transfers, please contact Advocate B.K. Singh.