A transfer petition in the High Court is filed to request the transfer of a case from one court to another within the jurisdiction of the same High Court or from a subordinate court to another within the same state. The power of the High Court to transfer cases is primarily derived from Section 24 of the Code of Civil Procedure, 1908 (CPC) for civil cases and Section 407 of the Code of Criminal Procedure, 1973 (CrPC) for criminal cases.
This guide explains the complete process of filing a transfer petition in the High Court, including the legal provisions, required documents, steps involved, and key considerations.
Legal Provisions for Transfer of Cases in High Court
For Civil Cases
- Section 24 of the CPC: The High Court has the power to transfer any case, appeal, or other proceeding from one civil court to another subordinate court within its jurisdiction.
- The High Court can act on:
- A party’s application (petition) for transfer.
- Suo motu (on its own discretion) if it deems fit.
For Criminal Cases
- Section 407 of the CrPC: The High Court may transfer a criminal case or appeal if it finds that:
- A fair and impartial trial is not possible in the current court.
- There are reasonable apprehensions in the mind of the petitioner about a biased trial.
- The transfer is necessary for the ends of justice.
Grounds for Filing a Transfer Petition in High Court
A transfer petition is filed when there is a genuine and reasonable ground to request the transfer of a case. Common grounds include:
- Bias or Prejudice: If the judge or court handling the case is perceived as biased.
- Threats to Personal Safety: If the petitioner fears threats, harassment, or violence in the current court’s jurisdiction.
- Convenience of the Parties: Especially in cases involving matrimonial disputes, domestic violence, or maintenance where one party (usually the wife) is unable to travel.
- Witness Convenience: If witnesses are located far from the trial court, making it difficult for them to attend proceedings.
- Interest of Justice: If continuing the case in the current court may lead to injustice.
Documents Required for Filing a Transfer Petition
When filing a transfer petition in the High Court, the following documents must be attached:
- Transfer Petition (Application) with an Affidavit – A detailed petition stating the grounds for seeking transfer.
- Certified Copies of Case Documents – Including FIR, charge sheet (for criminal cases), or the plaint and written statement (for civil cases).
- Supporting Documents – Any proof of bias, threat, inconvenience, or unfair trial.
- List of Witnesses (if applicable) – If witness inconvenience is one of the grounds.
- Vakalatnama – Authorizing the lawyer to represent the petitioner in the case.
Procedure for Filing a Transfer Petition in High Court
Step 1: Draft the Transfer Petition
The petition should contain:
- Title of the case
- Details of the petitioner and respondent
- Court where the case is currently pending
- Court to which transfer is sought
- Detailed reasons for seeking transfer
- Legal grounds supporting the request
Step 2: Get the Petition Notarized & Signed
The petition must be signed by the petitioner and duly notarized.
Step 3: File the Petition in the High Court
The petition is filed before the registry of the High Court with all supporting documents and the prescribed court fee.
Step 4: Notice to the Opposite Party
Once the petition is filed, the High Court may issue a notice to the opposite party to present their objections.
Step 5: Hearing of the Petition
- The court hears arguments from both sides.
- The petitioner’s advocate presents reasons for transfer.
- The respondent may oppose the transfer citing inconvenience or lack of merit.
Step 6: High Court’s Decision
The High Court may:
- Allow the transfer – The case is transferred to the requested court.
- Reject the petition – The case continues in the same court.
Time Taken for Case Transfer in High Court
- The time frame varies depending on the urgency and complexity of the case.
- On average, a transfer petition may take 3 to 6 months for a decision.
- In urgent cases, the High Court may grant interim relief and expedite the process.
Important Considerations While Filing a Transfer Petition
- Ensure that the reasons for transfer are genuine and supported by evidence.
- Avoid filing a transfer petition on frivolous or weak grounds, as it may be rejected.
- Consult an experienced lawyer to draft and argue the petition effectively.
- If the case involves a woman (e.g., matrimonial cases), the High Court usually considers transfer requests favorably, especially if the woman is unable to travel due to financial or safety reasons.
Frequently Asked Questions (FAQs)
Q1. Can I file a transfer petition directly in the Supreme Court instead of the High Court?
Yes, but only if the case needs to be transferred from one state to another. The Supreme Court has jurisdiction under Article 139A of the Constitution of India for inter-state case transfers.
Q2. What is the court fee for filing a transfer petition in the High Court?
The court fee varies from state to state but is usually between ₹500 to ₹2,000. Check with the High Court registry for the exact amount.
Q3. Can a High Court transfer a case to another High Court?
No, a High Court can only transfer cases within its own jurisdiction. For inter-state transfers, an application must be made to the Supreme Court.
Q4. Is it mandatory to issue a notice to the other party before filing a transfer petition?
No, but the High Court usually issues a notice to the respondent to present their objections before making a decision.
Q5. Can I file a transfer petition if I feel unsafe in the current court’s jurisdiction?
Yes, personal safety is a valid ground for seeking a case transfer. Supporting evidence such as police complaints or threat letters can strengthen your petition.
Q6. Can I appeal if my transfer petition is rejected by the High Court?
Yes, you can file a Special Leave Petition (SLP) in the Supreme Court under Article 136 of the Constitution if you believe there has been a grave injustice.
Q7. In matrimonial disputes, is a wife’s request for transfer generally allowed?
Yes, courts usually consider the wife’s convenience in matrimonial disputes, particularly if she is financially dependent or has young children.
Conclusion
Filing a transfer petition in the High Court is a crucial legal remedy when a fair trial is at risk or when the convenience of the parties necessitates a transfer. The process involves drafting a petition, submitting relevant documents, and presenting valid grounds before the High Court. If you need to file a transfer petition, consulting an experienced lawyer can significantly improve your chances of success.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304