In what cases child custody petition can be transferred

80 votes

Section 9 of the Guardian and Wards Act, 1890 makes a specific provision as regards the jurisdiction of the Court to entertain a claim for grant of custody of a minor. While sub- Section (1) of Section 9 identifies the court competent to pass an order for the custody of the persons of the minor, sub-sections (2) & (3) thereof deal with courts that can be approached for guardianship of the property owned by the minor. Section 9(1) alone is, therefore, relevant for our purpose. It says :

"9. Court having jurisdiction to entertain application - (1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having Jurisdiction in the place where the minor ordinarily resides." It is evident from a bare reading of the above that the solitary test for determining the jurisdiction of the court under Section 9 of the Act is the `ordinary residence' of the minor.

Therefore wife can seek transfer of petition by filing transfer petition in the Supreme court 

An Application for transfer of Suit under Section 25 of the Code of Civil Procedure

Section 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it  feels that the ends of justice so require.
The paramount consideration for transfer of a case under Section 25 of Code of Civil Procedure must be the requirement of justice. It was held that the mere convenience of the parties or anyone of them may not be enough for the exercise of power, but it should even be shown that trial within the chosen forum can lead to denial of justice. The Court further held that if the ends . of justice so demand and the transfer of the case is imperative, there should be no hesitation to transfer the case. The right of the dominus litis to choose the forum and consideration of plaintiff s convenience etc. cannot eclipse the requirement of justice. Justice must be done at all costs; if necessary by the transfer of the case from" one court to another.

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