Divorce Law Videos - Can we transfer divorce case to another city


When a suit has been instituted by a plaintiff in one civil court of his choice, there may be two choices available to the defendant: either to file his written statement, ie accepting the jurisdiction of the court or to file application for transfer of the suit.

Section 22 and 23 of CPC confers power of the civil court to transfer suits from one civil court to another on the application of the defendant. Section 22 is the substantive section which confers upon the civil court the power. Section 23 specifies the appropriate court for this purpose.

The transfer order is an exercise of administrative power of the Court. This is based on the balance of convenience of the parties. As the matter has various connotations, the Courts are very much circumspect on issuing such orders. Mere apprehension or only flimsy reasons are not sufficient to have such an order.

Because of importance on the justice delivery process, the power of transferring any suit from one court to another is given to the higher courts in the judicial hierarchy. Section 23 of the CPC makes a classification of cases based on the transferor and transferee courts: 

  1. Where the suit is to be transferred from one civil court to another within the same appellate court;
  2. Where the suit is to be transferred from one civil court to another within different appellate courts but within the same High Court;
  3. Where the suit is to be transferred from one civil court to another with the jurisdiction of different High Courts.
In the first type of case, the transfer application has to be filed to the appellate court to which both the civil courts are sub-ordinate; In the second type of case, the transfer application has to be filed to the High Court under whose jurisdiction both the civil courts are sub-ordinate; In the third type of case, the transfer application has to be filed to the High Court in whose jurisdiction the transferor civil court is situated.

The power of appellate court to transfer suit from one civil court to another may be utilized by the advocate of the defendant in a strategic manner. The whole CPC is based on meticulous adherence to procedures. Practicing advocates should bear in mind the strategic options before advising the clients in respect of preferring transfer applications.