In the Supreme Court of India
Transfer Cases
Supreme Court of India can transfer a civil or criminal case pending in a Court in a particular State to another State, in the interest of Justice. Some parties file a Civil case in a court situated in a place that does not have jurisdiction or to create a difficulty to the opposite party from attending the court. For example, a husband filing a case in Mumbai seeking divorce against a wife living in Jaipur, whereas both of them got married and lived in a different place. Such a case will surely put the wife in difficulty to attend the case in every hearing. Finally, the case may be allowed Ex-parte. In such a case if the wife files a Transfer Petition in the Supreme Court of India, seeking to transfer the case pending in Mumbai court to a Court in Jaipur, the Supreme Court after taking into consideration of all the factual details may transfer the case to Jaipur.
- the case involves a substantial question of law as to the interpretation of the Constitution, or,
- the case involves a substantial question of law of general importance, and
- In the opinion of the High Court, the said question needs to be decided by the Supreme Court.
- Certifies that the case involves a substantial question of law as to the interpretation of the Constitution, or,
- has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
- has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
- certifies that the case is a fit one for an appeal to the Supreme Court.