How to Transfer a Matrimonial Case to Another State in India: Section 25 CPC (Civil) & BNSS 446 (Criminal) Transfer Petition in the Supreme Court — Grounds, Which Court, Court Fee, Timeline, and the Video-Hearing Alternative (2026 Guide)
Only the Supreme Court of India can transfer a matrimonial case from a court in one state to a court in another state. If the proceeding is civil — a divorce, restitution of conjugal rights, nullity or custody petition before a Family Court — you move it under Section 25 of the Code of Civil Procedure, 1908; if it is criminal or quasi-criminal — a Section 498A prosecution, a Domestic Violence Act application, or a maintenance case — you move it under Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the provision that replaced Section 406 CrPC from 1 July 2024). You file a transfer petition through a Supreme Court Advocate-on-Record, the court fee is a nominal ₹500, and most such petitions are decided in roughly two to three months.
A transfer petition is a formal application asking the Supreme Court to move a pending case from a court in one state to a court in another state because it is "expedient for the ends of justice" to do so. It does not decide the divorce or the maintenance claim — it only changes the courtroom in which that fight will happen.
The caution worth absorbing before you spend money: the Supreme Court increasingly refuses to physically shift a case and instead directs the distant court to hear the inconvenienced spouse by video-conferencing, so a transfer petition is no longer the automatic win it once was. This guide covers exactly which section applies, who can file where, the grounds that actually succeed, the cost and timeline, what happens to your pending case meanwhile, and when video-conferencing is the smarter ask.
Section 25 CPC vs Section 24 CPC vs BNSS 446 — which one is yours?
The single most common and expensive mistake is filing in the wrong forum. The rule turns on two questions: are the two courts in the same state or in different states, and is the case civil or criminal?
| Your situation | Governing provision | Who decides |
|---|---|---|
| Civil matrimonial case (divorce, RCR, nullity, custody, HMA maintenance) — two courts in different states | Section 25 CPC | Supreme Court only |
| Civil matrimonial case — both courts within the same state | Section 24 CPC | High Court / District Judge of that state |
| Criminal / quasi-criminal (498A, Domestic Violence Act, maintenance) — different states | Section 446 BNSS (ex-Section 406 CrPC) | Supreme Court only |
| Criminal case — within the same state (one High Court's territory) | Section 447 BNSS (ex-Section 407 CrPC) | High Court of that state |
Only the Supreme Court can order a transfer across state lines; a High Court's power to transfer stops at its own state border. So if your spouse filed in another state and you want the case brought to yours, your destination is almost always the Supreme Court — under Section 25 CPC for a civil petition and Section 446 BNSS for a criminal one.
Section 25(1) CPC empowers the Supreme Court, "at any stage," to transfer "any suit, appeal or other proceeding from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State" where it is satisfied the order is "expedient for the ends of justice" (see the bare text at indiacode.nic.in).
The grounds that actually succeed
The statutory test is a single open phrase — "expedient for the ends of justice" — so what matters is the pattern the Supreme Court has built case by case. These grounds carry weight:
- Genuine inability of the wife to travel — small children with no one else to care for them, no independent income, poor health, or a long distance between the two courts.
- Reasonable apprehension of threat, harassment or an unfair atmosphere at the existing court.
- Multiplicity of proceedings — several connected cases between the same couple pending in different states that ought to be heard together.
In Sumita Singh v. Kumar Sanjay, (2001) 10 SCC 41, the husband had sued the wife at Ara, Bhojpur — about 1,100 km from Delhi, where she lived and worked. The Supreme Court held that because it was the husband's suit against her, it was her convenience that had to be looked at, and transferred the case to Delhi.
In matrimonial transfer petitions the Supreme Court has repeatedly held that, given prevailing Indian social conditions, it is ordinarily the wife's convenience that is the dominant consideration. But that leniency is not automatic. In Anindita Das v. Srijit Das, (2006) 9 SCC 197, the Court declined the wife's transfer — grandparents could care for the child and the husband offered to bear her travel and stay costs — and expressly warned that the concession shown to women was being misused and that every petition must be judged on its own facts.
Grounds that usually fail: mere convenience of a party who has the normal means to travel; a bald allegation of bias with no particulars; wanting a "more favourable" bench; or the husband's own inconvenience when he is the one who chose to sue in a distant forum.
The video-conferencing alternative — why your transfer may be refused
Since 2017 the Supreme Court has leaned toward keeping the case where it is and removing the inconvenience instead of moving the case. In Krishna Veni Nagam v. Harish Nagam, AIR 2017 SC 1345 (Transfer Petition (Civil) No. 1912 of 2014, decided 9 October 2017), the Court suggested that rather than transfer, the trial court could record evidence and conduct hearings by video-conferencing, protecting a wife who could not travel without uprooting the proceedings.
That position was then narrowed. A three-judge bench in Santhini v. Vijaya Venketesh, (2018) 1 SCC 1 overruled Krishna Veni to the limited extent that video-conferencing cannot be directed in a transfer petition — particularly at the reconciliation stage, which needs both parties physically present — while preserving the Family Court's discretion to allow video hearings where both sides consent or where it genuinely serves the cause of justice.
The practical takeaway: ask for both. Seek transfer as the primary relief, and video-conferencing (now routine through the e-Courts infrastructure) in the alternative. Many petitions are effectively resolved by the Court directing the distant court to let the inconvenienced spouse appear virtually, rather than moving the file.
Documents you need
- Certified or true copy of the case to be transferred (the petition/complaint, case number and the court it is pending in).
- A supporting affidavit, sworn by you, setting out each ground.
- Proof of your grounds — residence proof, income/ITR or proof of no income, the child's age proof, medical records, the distance between the two courts, and any threat/FIR material.
- A vakalatnama in favour of a Supreme Court Advocate-on-Record (AoR).
- Court fee of ₹500 paid on the petition.
Cost, timeline and who can file
Court fee: ₹500. Beyond that, copying and annexure costs typically run ₹2,000–₹3,000, and the real variable is the AoR's professional fee, which varies widely with the advocate and the complexity.
You cannot file this yourself in practice. Under the Supreme Court Rules, only an Advocate-on-Record may file, plead and appear in the Supreme Court; the AoR drafts the petition, verifies it by affidavit and clears the Registry's defects. A party may appear in person only with the Court's leave, which is not the norm for transfer petitions.
Timeline: roughly two to three months from filing to disposal in a straightforward matter — the AoR e-files, the Registry assigns a diary number and lists any defects, those are cured, and the matter is listed for hearing with notice to the other side. Contested petitions with several hearings take longer.
What happens to your pending case while the petition is pending?
Filing a transfer petition does not automatically freeze the case below. If you need the existing proceedings paused, your AoR must specifically pray for a stay, and the Supreme Court may stay further proceedings in the trial court until it decides the transfer. Until a stay is granted, deadlines in the original court keep running — including, in a civil suit, the strict window to file your defence, so do not let a pending transfer petition lull you into missing the 90–120 day deadline to file your written statement. If you simply stop attending the distant court, you risk an ex-parte order being passed against you.
When you need an advocate vs what you can prepare yourself
Because an AoR is mandatory, every Supreme Court transfer petition is advocate-driven. What you can do to cut cost and delay: assemble clean, dated proof of each ground; write a short factual chronology; confirm the exact case number, section and court of the proceeding to be moved; and decide in advance whether you are also willing to accept video-conferencing, which widens your chances. If you are still weighing where the underlying case should sit and what it will cost, it is worth understanding how suit valuation fixes both your court fee and the right court, and whether a legal notice is mandatory before filing your case in the first place.
Frequently Asked Questions
Can a High Court transfer my matrimonial case from one state to another?
No. A High Court can transfer cases only within its own state — under Section 24 CPC for civil matters or Section 447 BNSS for criminal ones. To move a case across state lines, say from a court in Kerala to one in Delhi, you must approach the Supreme Court under Section 25 CPC or Section 446 BNSS. Filing a cross-state transfer in a High Court is the most common and costly error.
How much does a Supreme Court transfer petition cost?
The court fee is a nominal ₹500. Documentation and copying usually add ₹2,000–₹3,000. The main cost is the Advocate-on-Record's professional fee, which varies widely by advocate and complexity. Because only an AoR can file in the Supreme Court, some advocate fee is unavoidable even for a simple petition.
How long does a transfer petition take to be decided?
Most straightforward transfer petitions are decided in about two to three months. The AoR e-files the petition, the Registry issues a diary number and notes any defects, those defects are cured, and the matter is then listed for hearing with notice to the other party. Contested petitions with multiple hearings can take longer.
Is the wife's convenience always preferred in matrimonial transfers?
Ordinarily yes — the Supreme Court has repeatedly treated the wife's convenience as the dominant consideration in matrimonial matters. But it is not automatic. In Anindita Das v. Srijit Das (2006), the Court refused a transfer and warned that this leniency was being misused, so each petition is decided on its own facts and on genuine proof of hardship.
Can the court make me attend by video instead of transferring the case?
Yes. Since Krishna Veni Nagam (2017) and Santhini v. Vijaya Venketesh (2018), the Supreme Court often prefers to let the inconvenienced spouse appear by video-conferencing rather than physically move the case. Video-conferencing cannot be forced at the reconciliation stage, but is widely used otherwise. The safe approach is to ask for transfer and, in the alternative, a video hearing.
Does filing a transfer petition stop the case below automatically?
No. There is no automatic stay. Your advocate must specifically ask the Supreme Court to stay the trial-court proceedings, and until it does, deadlines in the original court keep running. If you ignore the distant court meanwhile, an ex-parte order can be passed against you, so seek a stay expressly.
How Urava helps
A transfer petition lives or dies on the precedents you marshal — Sumita Singh for the wife's convenience, Anindita Das for the misuse caveat, Krishna Veni Nagam and Santhini on the video-conferencing question — each applied to your facts: the distance, the child, the income, the threat. Urava turns a plain-language question (typed, or a scanned Family Court order in Malayalam or Hindi) into a court-ready, citation-backed research memorandum in about ten minutes — the governing section (Section 25 CPC or Section 446 BNSS), the leading Supreme Court authorities with correct citations, and how each maps to your situation — so you walk into your Advocate-on-Record's chamber with the argument already built, instead of paying by the hour to assemble it. Start free at urava.app/register — the free tier needs no card.