Transferring a Divorce Case to or From Bangalore: Section 24 and Section 25 of the CPC

Families move. A couple who married in Delhi may have lived in Pune and separated in Bangalore, and each spouse may now live in a different state. Section 19 of the Hindu Marriage Act gives a petitioner a choice of courts, and that choice is sometimes used to file in a city convenient to one spouse and very difficult for the other. When that happens, the case can often be moved. Requests to transfer a case to Bangalore, or away from it, are a regular part of matrimonial practice.

Within Karnataka: Section 24 of the CPC

Where a case is pending in another court in Karnataka, for example in Mysuru or Hubballi, the High Court of Karnataka or the District Court may transfer it to a court subordinate to it under Section 24 of the Code of Civil Procedure, 1908, on an application by a party or on its own motion.

Between States: Section 25 of the CPC

Where the case is pending in another state, only the Supreme Court can transfer it. Section 25 allows the Supreme Court to transfer a suit, appeal or other proceeding from a court in one state to a court in another if it is satisfied that this is expedient for the ends of justice. A transfer petition is filed in the Supreme Court, notice is issued to the other spouse, and the court may stay the proceedings in the original court while the petition is pending. Criminal cases arising from the same dispute are transferred under Sections 446 and 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Sections 406 and 407 of the Code of Criminal Procedure).

What the Courts Weigh

• The convenience of the parties, and in particular of the wife, who in matrimonial transfer petitions is often the party with the greater difficulty in travelling;
• Young children in the care of the party seeking transfer;
• Distance and cost, and the financial position of each side;
• Safety, where there is a credible threat to the party who would have to travel; and
• Related cases already pending in the other city, which may make it sensible to hear them together.

There is no rule that a wife's petition will always succeed, and each case is decided on its facts. A transfer petition should therefore be supported by evidence of the hardship, not only by the fact of distance.

Video Conferencing

Video conferencing has made many matrimonial cases easier to conduct across distances. In Santhini v. Vijaya Venketesh (2018), however, a three-judge bench of the Supreme Court held by a majority that video conferencing cannot be directed in a transfer petition, because the Family Court must first attempt a settlement with the parties present. Once settlement efforts have failed, the Family Court may permit video conferencing where both parties agree. In practice, appearance by video is now permitted at many stages where the parties consent and the court considers it appropriate.

Practical Points

• Act early. A transfer petition filed after the case has progressed far is harder to justify.
• Do not simply stay away from the original court; a case may proceed in a party's absence while a transfer is being sought, unless a stay is granted.
• Think about the whole dispute. If maintenance and domestic violence cases are pending in Bangalore, there may be good reason to bring the divorce here as well. See Family Courts in Bangalore.
• Consider mediation. The Supreme Court frequently refers transfer petitions in matrimonial cases to mediation, and many settle there. See Mediation in a Bangalore Divorce.

Frequently Asked Questions