Divorce Transfer Petition in Supreme Court: Fees & Process

19 September 2025 · Advocate Rajiv Rajpurohit

When divorce cases involve distance, inconvenience, or jurisdictional challenges, one solution is to file a Divorce Transfer Petition in the Supreme Court . This petition allows the case to be moved from one court or state to another where it can be handled more conveniently and fairly.

In this article, we explain what a transfer petition is, the fees involved, the step-by-step process, the expected timeline, and why having an experienced Supreme Court lawyer like Advocate Rajiv Rajpurohit can make a big difference.

Who is Advocate Rajiv Rajpurohit?

Advocate Rajiv Rajpurohit is regarded as one of the leading divorce lawyers in the Supreme Court of India. With more than two decades of legal experience, he has handled a wide range of matrimonial cases including:

Contested divorces on grounds like cruelty, desertion and adultery'

Mutual Consent Divorce appeals in the Supreme Court'

Child custody and visitation matters'

Property division and alimony disputes'

Transfer petitions under Section 25 of the Code of Civil Procedure'

Special Leave Petitions (SLPs) in matrimonial cases'

NRI and cross-border family disputes'

His strength lies in combining deep knowledge of matrimonial law with a personalized approach to each case. For clients facing complex Supreme Court matters, his expertise in drafting petitions, handling documentation, and presenting arguments is highly valuable.

What is a Divorce Transfer Petition?

A Divorce Transfer Petition is a request made to the Supreme Court to shift a pending divorce or matrimonial case from one state's court to another. The power of the Supreme Court to transfer cases comes under Section 25 of the Code of Civil Procedure .

This option is especially useful when:

One spouse faces genuine hardship or danger in attending proceedings in a particular state.'

Travel distance makes it practically impossible for one party to participate.'

The welfare of children (schooling, custody, health) is affected.'

There are multiple related cases in different courts and they need to be consolidated.'

In Mutual Consent divorces , both parties prefer a convenient court location to complete the proceedings smoothly.'

Grounds for Filing a Transfer Petition

The Supreme Court considers transfer petitions only when the reasons are genuine and substantial. Common grounds include:

Distance and financial difficulty in attending hearings.'

Safety concerns for one of the spouses.'

The convenience of minor children involved in the case.'

Difficulty in producing evidence or witnesses in a faraway court.'

Situations where both spouses mutually agree to transfer the case for convenience.'

Step-by-Step Process in the Supreme Court

Here is the simplified process for filing and pursuing a Divorce Transfer Petition in the Supreme Court:

1. Consultation with a Supreme Court Advocate

The first step is to approach an experienced lawyer, such as Advocate Rajiv Rajpurohit, who specializes in matrimonial transfer petitions.

2. Drafting the Petition

The lawyer drafts the transfer petition mentioning: Where the case is currently pending

Why transfer is required (grounds)

The court to which transfer is sought

Supporting affidavits and documents

3. Filing in the Supreme Court Registry

The petition is filed in the registry of the Supreme Court along with the prescribed court fees.

4. Issue of Notice

The Supreme Court issues a notice to the opposite party, giving them an opportunity to respond.

5. Hearing

Both sides present their arguments. The petitioner explains the hardship, while the respondent can contest or consent to the transfer.

6. Interim Relief (if needed)

In some cases, the Court may grant interim relief regarding child custody, maintenance, or a stay on proceedings in the lower court until the matter is decided.

7. Final Order

If satisfied that the transfer is justified, the Supreme Court orders the case to be shifted to the new court.

Documents Required

Some of the documents commonly required in transfer petitions and related divorce proceedings are:

Marriage Certificate'

Identity proofs of both spouses'

Proof of residence (Aadhar card, passport, voter ID, etc.)'

Copies of the petition and orders from the lower court'

Passport-size photographs'

Affidavits in support of the petition'

Child's birth certificate (in custody matters)'

Proof of income and employment (if maintenance is involved)'

Any evidence supporting the grounds for transfer'

An experienced lawyer ensures that all documents are correctly arranged and submitted, as errors can delay the petition.

Fees for Filing a Transfer Petition in Supreme Court

The official court fee for filing a transfer petition in the Supreme Court is relatively modest, usually a few hundred to a few thousand rupees depending on the category of the case.

However, the overall cost of filing a transfer petition also includes:

Advocate's fees for drafting, filing, and appearing in court'

Charges for preparing affidavits and documentation'

Miscellaneous expenses such as photocopies, translations, or notarization'

The actual cost varies depending on whether the case is a simple Mutual Consent divorce petition or a complex contested matter.

Timeline of a Transfer Petition

The time taken to decide a Divorce Transfer Petition depends on several factors such as the workload of the Court, objections raised by the opposite party, and whether interim relief is requested. On average:

Drafting and filing: 2 to 4 weeks '

Issue of notice and reply from the opposite party: 4 to 8 weeks '

Listing for hearing and arguments: 2 to 3 months '

Final decision: Often within 4 to 6 months from the date of filing'

Urgent matters, especially those involving child custody or safety concerns, may sometimes be heard faster.

Transfer Petitions in Mutual Consent Divorces

In Mutual Consent divorces, both parties agree to dissolve the marriage amicably. Yet, the case may need to be transferred if:

One spouse lives in another state or abroad'

Physical appearance in the current court is difficult'

Both spouses wish to complete the process in a convenient location'

A transfer petition helps smoothen the procedure and avoids unnecessary hardship. Advocate Rajiv Rajpurohit regularly assists clients in such situations, including NRIs and cross-border couples.

Why Choose Advocate Rajiv Rajpurohit

Expertise : Specialized knowledge of Supreme Court divorce law, including appeals, SLPs, and transfer petitions.'

Experience : Over 20 years of handling matrimonial disputes and Supreme Court litigation.'

Personalized Approach : Every case is studied individually, and strategies are tailored for the client.'

Nationwide Reach : Clients from across India and abroad, including NRIs, consult him for Supreme Court matters.'

Comprehensive Services : From contested divorces to Mutual Consent cases, from custody battles to property division, he offers end-to-end representation.'

Conclusion

A Divorce Transfer Petition in the Supreme Court is an important legal tool when a matrimonial case becomes difficult to pursue in its current court. It helps ensure fairness, convenience, and justice. While the process involves legal technicalities, with proper guidance from an experienced Supreme Court lawyer like Advocate Rajiv Rajpurohit , the chances of success are much higher.

If you are facing a divorce or matrimonial case that requires transfer to another state or court, understanding the process, fees, and timeline can help you plan better. Having the right legal counsel ensures that your case is handled efficiently and with the care it deserves.