2 Answers
To transfer a divorce case filed by your husband from the Bombay High Court or a lower court, you need to file a transfer petition in the High Court through a lawyer stating that it is difficult for you to attend proceedings at the current location and requesting that the case be moved to a court near your place of residence; in the petition, you should clearly mention reasons such as travel difficulty, financial issues, health problems, or responsibility of children, along with basic case details and your address proof, after which the court will issue notice to your husband, hear both sides, and if convinced, pass an order transferring the case to a more convenient court.
Dear Client, filing a transfer petition before the Bombay High Court is entirely within your rights, and the law leans significantly in favour of the wife's convenience in such matters.
The Supreme Court has observed that generally it is the wife's convenience which must be looked at while considering a transfer petition. In matrimonial matters, courts consider the economic soundness of both parties, the social strata of the spouses, and the convenience of the wife especially.
A transfer petition in the High Court is filed when transfer is required within the same state, such as from one Family Court to another. The transfer application for civil matters, including divorce, is decided by High Courts under Section 24 of CPC. As your husband has filed the divorce case with the Family Court in Mumbai, a Family Court in Maharashtra will have jurisdiction over the case to consider transferring it to another Family Court in Maharashtra upon a sufficient request.
The procedure will be to file a Miscellaneous Civil Application before the Bombay High Court pursuant to Section 24 of CPC. Your application will set out the basis upon which you seek the transfer. The following are common reasons/cases listed as valid reasons: distance of your home from the existing court; financial difficulty in travelling to each court; dependent children; your job requires you to work and are otherwise unavailable to attend the current court; or any other reason which demonstrates significant hardship. The application must be supported by an affidavit which must confirm the facts set out in the application, provide a copy of the divorce petition filed by your husband, and provide evidence of where you currently reside and that you have experienced a hardship. The opposite party will be given notice of the application and will be afforded the opportunity to respond or contest your application.The High Court will then hear both sides and pass an order.
The Bombay High Court has consistently held that Section 24 CPC powers of transfer apply to matrimonial proceedings and cannot be curtailed by the Family Courts Act, and that the wife's interest must be specifically considered in such transfers. I will advise you to engage an advocate who handles matrimonial matters to draft and file this application.
I hope this helps, and if you have any further issues, do not hesitate to contact us.