How To Transfer Your Case From Another State To Your State: Know The Supreme Court Procedure And Rules

If your case remains pending in some other state, but you want for it to be heard in your own state, it is the Supreme Court of India to be approached, as only it has the authority to transfer cases from one state to another.

Transfers usually proceed in matrimonial disputes, criminal trials, consumer cases, and commercial cases, where parties, witnesses, or evidence are dispersed across different states.

This guide delves into the laws and provisions for transfer petitions, the grounds on which the Supreme Court entertains transfers, the stepwise process for filing one, the requisite documents, and significant cases you may lean upon. 

What Law Says: Who Can Transfer a Case in India?

Civil Matters – Section 25 CPC

It is often explained to clients that only the Supreme Court can transfer civil cases between states. High Courts cannot do this. The main and the common examples are divorce, property, as well as consumer disputes.

Criminal Matters – Section 406 CrPC/Section 446 BNSS

Transfers are stricter here. The Court will ask: “Will this person be allowed a fair trial if the case stays where it is?” There are seven transfers granted when there was political influence, intimidation of witnesses, or local hostility.

Constitutional Power – Article 139A

If the same legal question is pending in many High Courts, the Supreme Court can pull it to itself or transfer between High Courts.

Real Challenges the Clients Face Before Seeking Transfer

• A wife with a young child forced to travel hundreds of kilometres for every divorce hearing.
• A businessman harassed by multiple suits filed in far-off states just to drain his resources.
• A criminal trial where witnesses feared for their safety and refused to depose locally.

With each of these examples, the Supreme Court stepped in after the law firm filing the transfer petition highlighting genuine hardship or apprehension of an unfair trial. 

How the Supreme Court Looks at Transfer Petitions?

Civil Transfers – Balancing Convenience and Justice

• Hardship of travel (health, finances, dependents).
• Location of witnesses and documents.
• Signs of forum shopping or harassment.

Example from Practice: In a matrimonial case, the wife had no income and was the sole caretaker of two children. The Supreme Court allowed transfer to her hometown, making hearings feasible for her.

Criminal Transfers – A Higher Threshold

• Proof of local hostility or political pressure.
• Evidence that witnesses are unsafe.
• Records showing biased investigation.

Example from Practice: In one fraud case, the complainant received threats from local groups. Based on Section 406, a petition was filed by the law firm, with the Court ordering transfer outside the State for the conduct of a fair trial. 

Step-by-Step: How We File a Transfer Petition?

1. Check the Nature of Case — Divorce → Section 25 CPC, Criminal Trial → Section 406 CrPC/Section 446 BNSS.
2. Engaging an Advocate-on-Record (AOR): Only the AOR can file in the Supreme Court.
3. Prepare Petition with Strong Grounds: Could be medical records, complaint of threats, school certificate, and hardships in travel.
4. Annex the Documents: Case papers, FIR, affidavits in proof, and the rest of the evidence. 
5. File and Remove Defects: The Registry often raises technical defects; we handle these quickly to avoid delays.
6. Hearing: Argue why continuing in the current state would cause injustice.
7. Order: If allowed, the Supreme Court directs transfer and ensures the new court receives all records.

Landmark Judgments to Support Your Petition

• Durgesh Sharma v. Jayshree (2008): Only SC can transfer civil cases across states.
• Maneka Gandhi v. Rani Jethmalani (1979): Criminal transfers only on strong grounds.
• Best Bakery Case (2004): Criminal trial transferred due to intimidation of witnesses.
• K. Anbazhagan v. State of Karnataka (2015): Once transferred, the new state takes full control of prosecution.
• Santhini v. Vijaya Venketesh (2017): The video conferencing cannot replace the transfer in any kind of matrimonial cases.

Client-Friendly Checklist

Before approaching us for transfer, we always ask clients to prepare:

• Proof of hardship (such as the medical reports, dependent child’s school records, etc).
• Any evidence of threats or harassment (police complaints, affidavits).
• Case papers and orders already passed.
• Funds for AOR fees and court filing charges.

Conclusion

An adequately drafted transfer petition would save a client from years of fighting in a distant state. The Supreme Court rarely allows a transfer, but when genuine hardships are proven with credible evidence and strong legal grounds, such relief is certainly possible. 

If a case lies outside the state, you should seek the service of an Advocate-on-Record and a Supreme Court practicing lawyer. With the right petition filed at the right time, justice can be ensured for you, wherever it may be most accessible. 

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. How long does it take for the case records to be moved after transfer is allowed?

Once the Supreme Court orders transfer, the Registry usually communicates within weeks, and the transferee court receives records officially.

2. Can I request an urgent hearing for my transfer petition?

Yes. In cases of genuine hardship or urgent criminal matters, you can file an application for early hearing.

3. What happens if my transfer petition is rejected?

If the petition is dismissed, the case continues in the original court. However, you may seek remedies like video evidence or cost-bearing by the opposite party.