This is extremely common. One spouse files where it suits them, and the other faces travelling across the country for every hearing. The law does provide a remedy.
Which court to approach
- Between two states: a transfer petition under Section 25 of the Code of Civil Procedure, 1908 before the Supreme Court.
- Within the same state: an application under Section 24 CPC before the High Court, or the district court where appropriate.
- For criminal proceedings such as a Section 85 BNS case, the corresponding provisions of the BNSS apply.
What persuades the court
The test is the convenience of the parties and the interests of justice. In matrimonial matters courts have consistently given weight to the difficulty faced by a wife travelling long distances, particularly where she has a young child, has no independent income, or has health or safety concerns. Those are the grounds that succeed most often. A husband's transfer petition is not impossible, but it needs a stronger showing of genuine hardship.
Video conferencing has changed the calculation
Courts now frequently respond to a transfer petition by directing that the parties may appear by video conferencing, or by directing mediation, rather than moving the case. In Krishna Veni Nagam the Supreme Court encouraged this approach, though Santhini v. Vijaya Venketesh (2018) later restricted the use of video conferencing in family court proceedings, particularly at the settlement stage. Expect the court to explore this before ordering a transfer.
Courts now frequently respond to a transfer petition by directing that the parties may appear by video conferencing, or by directing mediation, rather than moving the case. In Krishna Veni Nagam the Supreme Court encouraged this approach, though Santhini v. Vijaya Venketesh (2018) later restricted the use of video conferencing in family court proceedings, particularly at the settlement stage. Expect the court to explore this before ordering a transfer.
Practical points
- File early. Once evidence has begun in the original court, transfer becomes harder to justify.
- Plead the hardship specifically: distance, cost, dependants, employment, medical condition. Generalities do not carry it.
- Where several proceedings are running in different places, ask for them to be consolidated, which is often more valuable than moving any single one.
- Free legal aid is available for transfer petitions in the Supreme Court through the Supreme Court Legal Services Committee.