One of the most common situations in matrimonial disputes is when a wife files a case — divorce, maintenance, domestic violence, or restitution of conjugal rights — in a different city from where the husband resides. This raises practical difficulties such as travelling long distances, bearing heavy legal expenses, or coordinating witnesses. In such cases, the husband naturally asks: “Can I change the jurisdiction of a matrimonial case filed by my wife in another city?”
Direct answer:
Yes. You can request a transfer of the case from one court to another by applying under the Code of Civil Procedure (CPC) or approaching the Supreme Court of India under Section 25 CPC, depending on whether it is within the same State or in different States. However, transfer of matrimonial cases is not automatic; the court considers the balance of convenience, the circumstances of the parties, and the principles of justice before granting such a transfer.
1. Introduction: Why Jurisdiction Matters in Matrimonial Cases
Jurisdiction refers to the power of a court to hear and decide a case. In matrimonial cases — divorce, maintenance, custody, or domestic violence — jurisdiction is determined by where the marriage was solemnised, where the couple last resided together, or where the wife resides at the time of filing. Often, wives file cases at their place of residence because the law grants them that choice. This can disadvantage the husband if he lives elsewhere.
Therefore, knowing how and when to seek transfer of the case can help ensure a fair trial and reduce hardship.
2. Legal Provisions Governing Transfer of Matrimonial Cases
(a) Section 24 CPC – Transfer Within the Same State
If a matrimonial case is filed in a district court or family court within the same State, either party can apply to the High Court or District Judge to transfer the case to another court within that State. This is called intra-state transfer.
(b) Section 25 CPC – Transfer Between Different States
If the case is filed in another State and you want it transferred to your State, you must approach the Supreme Court of India under Section 25 CPC. This is called inter-state transfer.
(c) Special Provisions Under Personal Laws
Most personal laws — such as the Hindu Marriage Act, the Special Marriage Act, and the Indian Divorce Act — refer back to CPC for transfer of petitions. Thus, CPC governs the mechanism.
(d) Family Courts Act, 1984
Where a Family Court has been established, matrimonial cases must be filed and tried there. Transfer applications under Section 24 CPC apply equally to Family Courts.
3. Circumstances When You Can Seek Transfer of Matrimonial Case
Courts generally grant transfer of matrimonial cases only if there is real hardship or special circumstances. Common grounds include:
- Convenience of parties: If travelling long distances causes genuine difficulty.
- Health issues: If the petitioner or respondent suffers from ill health or disability.
- Safety concerns: If there is apprehension of danger or threats in the current jurisdiction.
- Multiple proceedings: If related cases between the same parties are pending in another court.
- Witness convenience: If most witnesses are located in the proposed new jurisdiction.
It is important to demonstrate concrete reasons rather than merely alleging inconvenience.
4. Step-by-Step Procedure to Change Jurisdiction
Step 1: Identify the Correct Forum
- If the wife filed the case within the same State, file a transfer application before the High Court under Section 24 CPC.
- If the wife filed the case in another State, file a transfer petition before the Supreme Court under Section 25 CPC.
Step 2: Draft a Transfer Application or Petition
Include:
- Case number, title, and current court details.
- Details of your residence and your wife’s residence.
- Reasons for seeking transfer (distance, expenses, health, safety, etc.).
- Mention of any related cases pending in your jurisdiction.
- A prayer to transfer the case to a specific court.
Step 3: Attach Supporting Documents
- Medical certificates (if citing health reasons).
- Proof of residence.
- Copies of pending cases in other jurisdictions.
- Affidavit verifying the facts.
Step 4: Filing and Hearing
- File the transfer application with court fees.
- Court issues notice to the other party.
- Both sides argue on convenience.
- Court passes an order either granting or rejecting the transfer.
5. Role of Supreme Court in Transfer of Matrimonial Cases
The Supreme Court of India has the power under Section 25 CPC to transfer any civil case from one State to another. Matrimonial cases are considered civil proceedings. Thus, if your wife files a divorce case in Chennai and you reside in Indore, you can approach the Supreme Court to transfer it to Indore Family Court, citing hardship and related cases.
The Supreme Court generally gives priority to the convenience of the wife in matrimonial matters, but it also looks at fairness and the facts of each case. The onus is on you to show compelling reasons.
6. Key Judicial Pronouncements on Transfer of Matrimonial Cases
Sumita Singh v. Kumar Sanjay (2001) 10 SCC 41
Supreme Court held that in matrimonial disputes, generally the convenience of the wife is to be preferred, but it is not an absolute rule.
Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani (2009) 6 SCC 142
The Court transferred the case considering that the wife had no independent income and was living with her parents.
Neelam Kanwar v. Devinder Singh Kanwar (2000) 10 SCC 589
Wife’s convenience considered; but Court also said husband can seek transfer if circumstances justify.
Guda Vijayalakshmi v. Guda Ramachandra Sekhara Sastry (1981) 2 SCC 646
Court emphasised the “balance of convenience” principle.
Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi (2005) 12 SCC 237
Courts must consider whether multiple proceedings between the parties are pending in one court before granting transfer.
7. Practical Grounds Often Accepted by Courts
- Wife has filed maintenance under Section 125 CrPC and domestic violence case in her city; husband seeks transfer of divorce case there to avoid parallel litigation.
- Husband has evidence of threats or communal tensions in wife’s city.
- Husband’s serious medical condition backed by hospital records.
- Wife filed case in a city where neither party ever lived, raising question of jurisdiction itself.
8. Contesting Transfer Applications Filed by the Wife
The wife can also seek transfer if the husband filed the case elsewhere. In such situations, the husband may contest by demonstrating:
- Wife has family support and financial means to travel.
- Husband is the only earning member and would be seriously prejudiced.
- Evidence and witnesses are located in the husband’s city.
- Wife chose the forum solely to harass.
9. Difference Between “Objection to Jurisdiction” and “Transfer of Case”
- Objection to Jurisdiction: You argue that the court where your wife filed has no territorial jurisdiction under the law. This can lead to dismissal.
- Transfer of Case: You accept the court has jurisdiction but request that it be moved to another court for convenience.
Both remedies can sometimes be pursued together.
10. What the Court Considers While Deciding Transfer
- Balance of convenience of both parties.
- Ends of justice: whether refusal to transfer would cause undue hardship.
- Cost of litigation: travel, lawyer fees, stay arrangements.
- Nature of case: contested divorce, maintenance, custody.
- Interests of children: if custody issues are involved, the location of children’s residence becomes important.
11. Consequences After Transfer
Once the High Court or Supreme Court grants transfer:
- The case file is physically sent to the new court.
- The new court issues fresh notices and takes over the proceedings.
- All interim orders passed by the previous court usually continue unless modified.
This can save time, reduce expense, and consolidate litigation in one jurisdiction.
12. Drafting Tips for a Transfer Petition
A strong petition should include:
- A clear statement of facts showing hardship.
- Citations of judgments supporting your case.
- Detailed address of both parties.
- Proof of other pending cases.
- A prayer clause specifying exactly which court you want the case transferred to.
13. Limitations of Seeking Transfer
- Mere inconvenience or desire to litigate locally is not enough.
- Courts tend to favour wives’ convenience unless compelling reasons shown.
- Supreme Court transfer petitions involve costs and sometimes personal appearance.
14. Remedies if Transfer is Refused
If your transfer application is refused:
- You can still contest jurisdiction if the court actually has none.
- You can seek adjournments or video conferencing facility in some cases.
- You can file appeals or review petitions if there is a legal error.
15. Practical Tips to Strengthen Your Case for Transfer
- Consolidate all your cases in one jurisdiction if possible.
- Collect documentary evidence of hardship (medical, financial, threats).
- Show bona fide intent, not forum shopping.
- Engage a competent lawyer experienced in transfer petitions.
16. Conclusion
Yes, you can change the jurisdiction of a matrimonial case filed by your wife in another city, but you must file a transfer application either before the High Court (for intra-state cases) or the Supreme Court (for inter-state cases) under Sections 24 and 25 of the CPC. The court will weigh the convenience of both parties, especially the wife, but if you demonstrate genuine hardship, safety issues, or multiple related cases, the court can and does grant transfers.
Knowing your rights regarding jurisdiction is crucial in matrimonial litigation. With proper legal advice, evidence, and a well-drafted transfer petition, you can ensure the case is heard in a court that is fair and convenient for you.
Quick Recap of Key Points
- File under Section 24 CPC for transfer within the same State.
- File under Section 25 CPC (Supreme Court) for transfer between States.
- Show real hardship, health, safety, or consolidation of multiple cases.
- Courts favour the wife’s convenience but can grant transfer to husbands in justified cases.
- Transfer leads to new court taking over proceedings with earlier interim orders intact.
FAQs
Q1: Can I object to jurisdiction instead of filing a transfer petition?
Yes, if the court genuinely lacks jurisdiction under the personal law (for example, no link with that city), you can file an application under Order VII Rule 10 CPC for return of plaint or dismissal.
Q2: How long does a transfer petition take?
In the High Court, a few months. In the Supreme Court, typically 6–12 months depending on urgency.
Q3: Do I need to appear personally in Supreme Court transfer petitions?
Not always; your advocate-on-record can appear. Personal appearance may be waived.
Q4: Can I seek interim stay of proceedings in the existing court while transfer is pending?
Yes, both High Courts and Supreme Court can stay proceedings until the transfer application is decided.
Q5: What if my wife also files for transfer?
The court will hear both petitions together and decide based on comparative hardship.
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.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304