Contesting a transfer petition in the Supreme Court of India requires a strategic legal approach, knowledge of relevant legal provisions, and strong arguments to oppose the transfer. A transfer petition is usually filed under Section 25 of the Code of Civil Procedure (CPC), 1908 for civil cases and Section 406 of the Code of Criminal Procedure (CrPC), 1973 for criminal cases.
This guide will explain the legal provisions, grounds on which a transfer petition can be contested, the procedure to oppose it, documents required, and important case laws.
1. Legal Provisions for Transfer of Cases to the Supreme Court
- Section 25 of CPC, 1908 – Empowers the Supreme Court to transfer any civil case from one High Court or subordinate court in one state to another High Court or subordinate court in another state.
- Section 406 of CrPC, 1973 – Allows the Supreme Court to transfer a criminal case from one state to another for the interest of justice.
- Article 139A of the Constitution of India – Deals with the Supreme Court’s power to transfer cases that involve substantial questions of law of general importance.
2. Grounds for Opposing a Transfer Petition
If a party has filed a transfer petition against you, you can contest it on various grounds, including:
A. Inconvenience to the Respondent
- If the transfer of the case would cause extreme hardship to you (the respondent).
- The petitioner must prove a strong reason for transfer; mere convenience is not enough.
B. Lack of Genuine Grounds
- If the petitioner has filed the transfer petition with malicious intent or to harass the respondent.
- If the petitioner has not provided sufficient reasons for transfer.
C. No Threat or Fear to Petitioner
- If the petitioner claims a threat to life but fails to provide evidence.
- If the case can be handled by local police protection.
D. Delay in Justice
- If the transfer leads to unnecessary delays in trial and disposal of the case.
E. Jurisdiction and Fair Trial Considerations
- If the case should ideally be tried where the cause of action arose.
- If witnesses are in the current jurisdiction, making it inconvenient to move the case elsewhere.
3. How to Contest a Transfer Petition in the Supreme Court?
Step 1: Filing a Reply/Affidavit Opposing the Transfer Petition
- The first step in contesting a transfer petition is to file a counter affidavit in the Supreme Court.
- The affidavit should clearly state reasons why the transfer should not be granted and highlight any inconvenience to you.
Key Points to Include in the Reply:
- Lack of Merit in the Transfer Petition: Point out deficiencies in the petitioner’s case.
- Hardship to the Respondent: Explain how the transfer would cause undue hardship.
- Existence of Alternative Remedies: Show that the petitioner can get justice in the current jurisdiction.
- Bad Faith and Malicious Intent: If applicable, argue that the petition is filed to delay proceedings.
Step 2: Filing a Written Statement with Supporting Documents
- You must file a strong written response supported by evidence, such as:
- Medical reports (if health reasons are cited).
- Affidavits from witnesses (if their inconvenience is a ground).
- Previous case orders (if any precedent applies).
- Local police report (if a threat is alleged).
Step 3: Arguing the Case Before the Supreme Court
- Once the written reply is filed, the Supreme Court will hear oral arguments from both sides.
- Your lawyer should:
- Challenge the lack of legal grounds for the transfer.
- Argue for equitable justice and convenience of all parties.
- Highlight relevant case laws where transfer petitions were denied in similar circumstances.
4. Case Laws Supporting Opposition to Transfer Petitions
Several Supreme Court rulings have set precedents for opposing transfer petitions:
- Sumita Singh v. Kumar Sanjay (2001) – The court emphasized that in matrimonial disputes, the convenience of both parties should be considered.
- Gananath Pattnaik v. State of Orissa (2002) – Transfer petitions must be supported by genuine, compelling reasons.
- Maneka Gandhi v. Union of India (1978) – Right to a fair trial and natural justice should not be compromised.
5. Documents Required for Opposing a Transfer Petition
To strengthen your case, you should submit the following documents:
- Counter Affidavit opposing the transfer.
- Medical reports (if health reasons are cited).
- Witness affidavits (if their inconvenience is a ground).
- Income Proof & Financial Hardship Documents (if financial burden is a reason for opposition).
- Police Report (if security threats are alleged but are untrue).
- Copies of Previous Court Orders (if any).
6. What Happens After Filing the Opposition?
- The Supreme Court will hear both parties.
- If the court finds no substantial grounds for transfer, it will dismiss the transfer petition.
- If the transfer petition is accepted, you may request certain conditions, such as:
- Reimbursement of travel expenses.
- Virtual hearing facilities.
- Witness protection.
7. Conclusion
To contest a transfer petition in the Supreme Court, you must file a well-drafted counter affidavit supported by strong evidence and legal arguments. The Supreme Court grants transfer petitions only when there is genuine difficulty for the petitioner. Mere convenience is not a sufficient ground.
By proving that the transfer will cause more hardship than benefit, you can successfully oppose the petition and prevent unnecessary delays in your case.
FAQs on Contesting Transfer Petitions
Q1. Can a husband oppose a wife’s transfer petition in a matrimonial case?
Yes, a husband can oppose the petition by proving that:
- The transfer is being sought to harass him.
- He faces financial difficulties in attending proceedings at another place.
- The wife can attend hearings through video conferencing.
Q2. What are the chances of winning an opposition to a transfer petition?
If you have strong legal grounds (such as inconvenience, bad faith, or lack of evidence), the Supreme Court may dismiss the transfer petition.
Q3. Can I request virtual hearings instead of opposing the transfer?
Yes, if distance is a concern, you may request video conferencing as an alternative.
Q4. What is the time limit to file a reply to a transfer petition?
The Supreme Court generally provides 30 days to file a counter affidavit.
Q5. Can I appeal if the Supreme Court grants the transfer?
No, Supreme Court orders on transfer petitions are final and binding. However, you can request modifications to the conditions of the transfer.
Would you like me to draft a counter affidavit sample for opposing a transfer petition?
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