Comprehensive Guide to Filing a Transfer Petition in the Supreme Court of India: Procedure, Grounds, and FAQs

Comprehensive Guide to Filing a Transfer Petition in the Supreme Court of India: Procedure, Grounds, and FAQs

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Introduction

A Transfer Petition (Civil) can be filed under Article 139A of the Constitution of India, read with Section 25 of the Code of Civil Procedure, 1908 (CPC), and Rules XL and XLI of the Supreme Court Rules, 2013 (Rules). This allows a party to request the Hon’ble Supreme Court to transfer a civil case, whether from one High Court to another, or between subordinate courts. In this blog, I delve into the nuances of civil transfer petitions, including the Supreme Court’s transfer jurisdiction, grounds for transfer, formats, drafting guidelines, required documents, limitation periods, procedural steps, and answers to frequently asked questions based on my professional experience.

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Jurisdiction

A.  Petitions under Article 139A(1) of the Constitution read with Order XL of the Supreme Court Rules 2013 are filed before the Hon’ble Supreme Court seeking transfer of cases involving the same or substantial questions of law pending before the Supreme Court and one or more High Courts or before two or more High Courts;

B. Petitions under Article 139A(2) of the Constitution read with Order XLI of the Supreme Court Rules 2013 are filed before the Hon’ble Supreme Court seeking transfer of any case, appeal or other proceedings pending before any High Court to any other High Court;

C. Petitions under Section 25 of the Code of Civil Procedure, 1908 read with Order XLI of the Rules, seeking transfer of any suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in any other State;

D.  Petitions under Section 15 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 read with Order XLI of the Rules is filed seeking transfer of any suit pertaining to maritime claim from one admiralty High Court to another admiralty High Court.

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Grounds for Filing a Transfer Petition (Civil):

In Dr. Subramaniam Swamy v. Radhakrishna Hegde (1990) 1 SCC 4, the Supreme Court held that the paramount consideration for transfer of a case under section 25 of the code of Civil Procedure must be the requirement of justice.  It must also be shown that a trial in the chosen forum will result in denial of justice. 

A transfer petition can be filed under following primary grounds:

• Jurisdiction of Court: If the current court does not have a statutory jurisdiction or the sought court has a better jurisdiction.  (e.g. Husband filing case at his place of residence, plaintiff in commercial suit files same at a distant location having its branch office but away from defendant etc., maritime case)
• Convenience of parties: If the current forum creates undue hardship for one of the parties (e.g., distance, health issues, family issues, partial or no cause of action).
• Prejudice or bias: If there is apprehension of bias or partiality from the court or adverse local conditions.
• Multiple cases: To consolidate cases pending in different courts that have similar facts or issues to avoid conflicting judgments.
• Security concerns: Threats to the petitioner’s safety or dignity during proceedings.
• Interest of justice: Any other reason that necessitates a transfer to ensure a fair trial.

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Documents and Details Required:

• Petition: Drafted transfer petition stating the date and events, details of case to be transferred, facts, reasons, and grounds for transfer, prayer.
• Applications: Interlocutory Applications ( I.A.) are filed with the petition like- IA for ex-parte stay of the case of which transfer is sought, exemption fromfiling official transalation
• Affidavit: Sworn affidavit supporting the petition either by the party or a person well versed with the facts of the case,
• Copies of pleadings: Certified and translated copies of the case proceedings (plaint, written statement, or interim orders).
• Supporting evidence: Documents showing inconvenience, bias, or reasons for transfer.

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Also read: Transfer of Matrimonial Cases from one State to another by Supreme Court of India

Filing and Process for Transfer:

1. Drafting: Engage an Advocate on Record to draft, file and prosecute the transfer petition. Execute Vakalatnama and supply all the documents required for the case. Seek copy of the draft transfer petition with relevant details as per the proforma followed in the Hon’ble Court.
2. Execute Affidavit: Read the transfer petition carefully and execute an affidavit supporting the contents of the transfer petition. Download sample transfer petition affidavit.
3. Filing: Submit the petition before the Hon’ble Supreme Court’s registry either in hardcopy or online through e-Filing portal of the Court with requisite court fees and all annexures and required interlocutory applications (stay, exemption from official translation etc.)  A diary no. is given on filing. The registry will scrutinize the petition for filing defects by tallying with default list of defects etc.  
4. Court Fees: Applicable court fee is Rs. 500 in matrimonial transfer cases and Rs. 2500 in all other types of cases.
5. Removal of Defects: Once the petition is filed, the registry checks the petition to ensure compliance with all the requirements under the Supreme Court Rules, Practice and Procedure etc. If there are defects, same are reported on the website by entering the diary no. is case status.
6. Listing of Case: Once petition is made defect free a transfer petition case no. is assigned to it and the matter is forwarded for listing before the Hon’ble Court. The matter may get listed either before a single judge or division bench.
7. First Date of Hearing: On first date generally, matter is heard on issue of issuance of notice to the defendant and grant of interim relief in form of staying the proceedings of the case sought to be transferred.
8. Notice and completion of Pleadings: Once notice is issued steps are taken for service of same. On receiving the respondent may file counter affidavit and depending on its contents rejoinder may be filed by the applicant.  Post completion of pleadings case is listed before the Hon’ble Court.
9. Hearing: Present arguments before the court; the opposite party may counter the transfer request. Both parties may request for mediation which may be granted. If matter is settled through mediation, all the cases pending between the parties may be set aside by the Hon’ble Supreme Court.
10. Order: If convinced, the court issues an order transferring the case to the requested court.

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Drafting & Pleading Guidelines

The Supreme Court’s Handbook on Practice and Procedure 2017 prescribe the following guidelines for drafting of transfer petitions.

1. (i) A petition under Article 139A(1) of the Constitution read with Order XL of the Rules shall set out concisely, in separate paragraphs –

(a) facts and particulars of the cases, pending before the Supreme Court and one or more High Courts or, as the case may be, before two or more High Courts;

(b) names and addresses of the parties;

(c) question(s) of law involved; and

(d) statement that the same or substantially the same questions of law are involved in all the cases and that such questions are substantial questions of general importance.

(ii)  (a) In the case of a petition made by the Attorney General for India, no affidavit shall be necessary in support of the petition but it shall be accompanied by a certificate of the advocate on-record to the effect that such questions are substantial questions of general importance in terms of Article l39A(1) of the Constitution.

(b) In the case of a petition made by a party to a case, it shall be accompanied by an affidavit in support thereof and also by a certificate, as stated in clause (1) above.

2.   A petition under Article 139A(2) of the Constitution and/or Section 25 of the Code filed under Order XLI of the Rules shall state succinctly and clearly all relevant facts and particulars of the case, the names of the High Court or other Civil Court in which the case is pending and the Court to which the transfer is sought and the grounds on which the transfer is sought supported by an affidavit

Limitation

There is no specific statutory limitation period for filing a transfer petition under the article 139A, Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, the Civil Procedure Code, 1908 (CPC), or related laws. However, practical considerations of reasonable time do apply.

A transfer petition should be filed as soon as the grounds for transfer arise. Delays without sufficient cause may weaken the case for transfer and give the impression of forum shopping. A transfer petition is ideally filed before the trial has commenced or in the early stages of proceedings. Filing after substantial progress in the trial may lead to rejection unless compelling reasons justify the transfer. If a party finds the jurisdiction inconvenient or inappropriate at the time of the initial filing, they should move for a transfer immediately. If a party waits until after key evidence or arguments are presented, the court may view the delay as an attempt to obstruct justice.

As such, file the petition as soon as the grounds for transfer become apparent. Explain any delay in filing with valid reasons in the petition to avoid objections from the other party.

Practical Considerations:

• Ensure the grounds for transfer are strong and well-documented.
• Highlight how transferring the case will serve the interest of justice, avoid hardship, or protect fundamental rights.
• Be prepared for objections from the opposite party, particularly if they stand to be inconvenienced by the transfer.

Principle of Dominus Litis

The principle of “dominus litis“ plays a significant role in transfer petitions. This Latin term means “master of the case” and refers to the concept that the plaintiff or complainant, as the party initiating the legal action, has the right to choose the forum (court) where the case will be heard, provided it falls within the legal jurisdiction.  

• The principle upholds that the plaintiff, being the dominus litis, should generally have the freedom to select the court where the case is initiated.
• However, this right is not absolute and can be overridden if compelling grounds for transfer are presented by the defendant or another party.

The Supreme Court in transfer petition tries to balance justice and convenience. While dominus litis gives weight to the plaintiff’s choice, it must not result in injustice or hardship to the opposing party. The court evaluates:

• Whether the plaintiff’s choice is reasonable.
• Whether the defendant faces undue hardship in defending the case in the chosen forum.
• If the chosen court appears inconvenient, partial, or inappropriate, the case can be transferred despite the plaintiff’s preference.

The Supreme Court ensures that the plaintiff does not misuse dominus litis to engage in forum shopping, which is the practice of filing a case in a jurisdiction perceived to be more favourable to them. If the chosen forum is clearly inconvenient or intended to harass the defendant, the court may transfer the case.

Also read: Transfer of Matrimonial Cases from one State to another by Supreme Court of India

Frequently Asked Questions on Transfer Petition.

Drawing from my experience, I have identified the key questions that parties involved in a transfer petition frequently ask. I have compiled these questions and their answers to provide greater clarity and awareness for the reader.

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1. What is a transfer petition?

A transfer petition is a formal request to the Supreme Court to move a case from one court to another, often due to concerns about impartiality, convenience, or other valid reasons.

2. When can a transfer petition be filed?

It can be filed when a party believes that a fair trial isn’t possible in the current court due to bias, inconvenience, safety concerns, or other substantial reasons.

3. What are the grounds for filing a transfer petition?

• Common grounds include:
  • Apprehension of bias or prejudice.
  • Convenience of parties or witnesses.
  • Safety and security concerns.
  • Multiple cases on similar issues pending in different courts.

4. What is the procedure to file a transfer petition in the Supreme Court?

• The procedure involves:
  • Drafting the petition stating the reasons for transfer.
  • Filing it with the Supreme Court Registry.
  • Serving notice to the opposite party.
  • Attending hearings where both parties present their arguments.
  • Awaiting the Court’s decision.

5. Is there a time limit to file a transfer petition?

• There’s no specific statutory time limit, but it’s advisable to file promptly after the grounds for transfer arise to avoid perceptions of delay or tactical advantage.

6. Can both civil and criminal cases be transferred?

• Yes, the Supreme Court can transfer both civil and criminal cases under Section 25 of the Code of Civil Procedure and Section 446 of the Bhartiya Nagrik Suraksha Sanhita, 2023 respectively.

7. What documents are required to file a transfer petition?

• Essential documents include:
  • The transfer petition detailing the case and reasons for transfer.
  • An affidavit supporting the petition.
  • Certified copies of relevant case documents.
  • Any supporting evidence justifying the transfer.

8. What are the costs involved in filing a transfer petition?

• Costs include court fees, legal counsel fees, and expenses related to documentation and hearings. The exact amount varies based on the case’s complexity and the lawyer’s fees.

9. How long does it take for the Supreme Court to decide on a transfer petition?

• The duration varies depending on the Court’s schedule and the case’s specifics. It can range from a few weeks to several months.

10. Can the decision on a transfer petition be appealed?

• The Supreme Court’s decision on a transfer petition is generally final. However, under exceptional circumstances, a review petition may be filed, though such reviews are rarely entertained.

11. Who can file a transfer petition?

• Any party to the case (plaintiff, defendant, complainant, or accused) can file a transfer petition if they believe that the current court is not appropriate for a fair trial.

12. Under which laws can a civil transfer petition be filed?

• Constitutional cases: Article 139A of the Constitution of India (if substantial questions of law arise).
• Civil cases: Section 25 of the Civil Procedure Code (CPC).
• Maritme related Admiralty Claims.

13. Can a transfer petition be filed in the High Court instead of the Supreme Court?

• Yes, if the case involves courts within the jurisdiction of a single High Court, the transfer petition can be filed in the High Court under Section 24 CPC or Section 447 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

14. What cases can the Supreme Court transfer?

• Civil, criminal, matrimonial, company law, or constitutional cases between:
  • Two or more states.
  • Different High Courts.
  • Subordinate courts under different High Courts.

15.  Can international cases be transferred?

• No, the Supreme Court handles only cases within Indian jurisdiction. For international disputes, relevant bilateral or multilateral legal frameworks apply.

16.  Can multiple cases on similar issues be consolidated through a transfer?

• Yes, transfer petitions are often used to consolidate cases with overlapping facts or legal issues to ensure uniformity in decisions.

17.  Is mere inconvenience sufficient to request a transfer?

• No, inconvenience must be significant and accompanied by valid reasons such as:
  • Distance causing hardship to parties or witnesses.
  • Medical or financial constraints.
  • Other substantive hardships.

18.  Can bias or prejudice by the judge be alleged without proof?

• Allegations of bias must be supported by reasonable apprehension or evidence; vague claims are unlikely to succeed. Even cost may be imposed.

19.  Can safety concerns be a reason for transfer?

• Yes, if a party feels threatened or fears for their safety, this is a valid ground for transfer supported with valid documents like police report etc.

20.  Can a case be transferred after the trial has started?

• Yes, but compelling reasons must be shown. Courts are generally reluctant to transfer cases after significant progress has been made. It may be seen as a tactic to delay the trial.

21.  How is the opposite party notified about the transfer petition?

• After filing the petition, a notice is served to the opposite party through the court registry. This ensures they have an opportunity to respond.

22.  What happens if both parties agree to transfer the case?

• If both parties agree, the court is more likely to allow the transfer to expedite justice.

23.  Can interim orders be issued while the transfer petition is pending?

• Yes, the Supreme Court can issue interim relief, such as a stay on proceedings, until the transfer petition is decided.

24.  Does filing a transfer petition automatically stay the original case?

• No, unless a specific stay order is sought and granted by the court.

25. Can matrimonial cases be transferred for the wife’s convenience?

• Yes, in matrimonial disputes, the wife’s convenience is generally prioritized unless there are strong reasons to the contrary.

26. Can a transfer petition be filed for company law disputes before Supreme Court?

• No. However, disputes under corporate law (e.g., insolvency or shareholder issues) may be transferred between National Company Law Tribunals (NCLTs) or from one jurisdiction to another by NCLT Principle Bench at New Delhi under Rule 16(d) of the NCLT Rules 2016.

27. Can ongoing arbitration proceedings be transferred?

• No, arbitration cases are governed by the Arbitration and Conciliation Act, 1996 and transfer petitions do not typically apply.

28. What happens after a transfer petition is allowed?

• The case file is physically or electronically transferred to the designated court, and the case proceeds from where it left off.

29. Can a party object to a transfer petition?

• Yes, the opposite party can file objections, providing reasons why the transfer should not be allowed. It is its right post issuance of notice by the Court.

30. Can costs be imposed for filing frivolous transfer petitions?

• Yes, the court may impose costs if it finds the petition to be baseless or an abuse of the legal process.

31.  Can a party file more than one transfer petition for the same case?

• Filing multiple petitions for the same matter is generally discouraged unless there is a significant change in circumstances.

32.  Is personal appearance required for filing or arguing a transfer petition?

• Personal appearance is not mandatory; legal counsel can represent the party in the Supreme Court. The party can witness the proceeding by joining the court through video conferencing by taking joining link for its Advocate-on-record.

33.  How is the urgency of a transfer petition decided?

• Urgency is determined based on the nature of the case (e.g., imminent bias, safety concerns, or overlapping hearings).

34.  What happens if the transfer petition is dismissed?

• The case continues in the original court, and the petitioner cannot refile a petition unless new grounds arise.

35.  Are transfer petitions commonly allowed?

• The Supreme Court evaluates petitions carefully, and transfers are granted only when justified by law and facts.

36. What happens if the opposite party doesn’t respond to the notice?

• The Supreme Court may proceed ex parte (without the opposite party) if they fail to respond despite proper service of notice.

37. Can a party request an interim stay on the trial while the transfer petition is pending?

• Yes, the Supreme Court can issue a stay order on the original proceedings if convinced of the need.

38. What happens to the case records after a transfer?

• The Supreme Court’s registry sends its order to the original court where the case is pending. The original court sends the case records to the transferee court, and proceedings continue from where they left off.

39. Can the Supreme Court transfer a case suo motu (on its own)?

• Yes, in exceptional cases, the Supreme Court can transfer cases suo motu if it deems it necessary for justice. This typically happens in constitutional matters.

40. What are common objections raised against transfer petitions?

• Objections often include:
  • No real hardship or bias exists.
  • Delay in filing the petition.
  • Inconvenience to the other party.
  • Forum shopping or tactical advantage.

41. Can a case be re-transferred back to the original court?

• It is rarest of rare scenario but possible if circumstances change drastically after the transfer.

42. Can a transfer petition be filed for financial reasons?

• If financial hardship makes it impractical to attend proceedings in the current court, it can be a valid reason for transfer. It is often a ground in matrimonial transfer cases.

43. Can a transfer petition be filed for language barriers?

• Yes, if a party is unable to effectively participate in proceedings due to language barriers, they may request a transfer to a court where they can communicate better.

44. Can a transfer petition be filed if one party is abroad?

• Yes, but the party must show how the current forum imposes an undue burden on their participation.

45. What is forum shopping, and how does it relate to transfer petitions?

• Forum shopping occurs when a party tries to move a case to a court they believe will favor them. Supreme Court frowns upon this practice, so the grounds for transfer must be legitimate.

46. Can safety concerns include mental harassment?

• Yes, claims of mental harassment or undue stress, especially in matrimonial disputes, can justify a transfer.

47. Can a transfer petition be filed online?

• Yes, the Supreme Court’s e-filing system allows petitions to be filed online. Even arguments can be made online. A party in-person can also file a case and appear online by following the court Rules.

48. Do I need a lawyer to file a transfer petition?

• A case including a transfer petition can be filed in-person as well. However, transfer petitions in the Supreme Court require professional drafting and representation, as the legal and procedural aspects are complex. As such even after filing in-person there will be an interview of the in-person party for allowing the party to appear before the court in-person.

49. What are the court fees for a transfer petition?

• The court fee varies depending on the type of case. For matrimonial transfer petitions it is ₹500 and for all other types of civil cases it is ₹2500/-.

50. How long does it take for the Supreme Court to admit a transfer petition?

• Admission hearings usually take from a few days to two weeks from the date of filing as defects are to be reported and removed. But, the timeline may vary based on court schedules and the urgency of the matter.

51. What documents are required to support a transfer petition?

• Along with the petition:
  • Certified & translated copies of pleadings and orders from the original case.
  • Evidence supporting the grounds for transfer.
  • Affidavit affirming the truth of the petition.

52. What are common mistakes to avoid when filing a transfer petition?

• Filing without sufficient grounds or evidence.
• Delay in filing without an explanation.
• Overlooking mandatory documents like certified case copies or affidavits.
• Not serving notice to the opposite party promptly.

53. Can a party request an urgent hearing for the transfer petition?

• Yes, by filing an urgent hearing application, citing reasons such as imminent safety concerns or overlapping proceedings.

54. Do I need to be present at the Supreme Court for hearings?

• Personal presence is generally not required; Advocate on Record l can represent you. However, in sensitive cases like matrimonial disputes, personal presence may be requested.

55. Can cases involving multiple states or territories be consolidated?

• Yes, the Supreme Court can transfer and consolidate cases to one jurisdiction to avoid conflicting judgments.

56. What if the opposite party is deliberately causing delays in the original court?

• You can highlight these delays as a reason for transfer, demonstrating how the original court environment is affecting justice.

57. Can I object to the opposite party’s transfer petition?

• Yes, you can submit objections in your counter affidavit with reasons why the current court is appropriate and how transferring the case would inconvenience or prejudice you.

58. What if I discover new reasons for transfer after filing the petition?

• You can file an additional affidavit with the court’s permission to include the new facts.

59. How can I strengthen my transfer petition?

• Provide strong evidence supporting your grounds, such as:
  • Medical or financial hardship (for convenience claims).
  • Recorded threats or complaints (for safety concerns).
  • Legal precedents (for bias or prejudice claims).
  • Pending cases between the parties.

60. What are practical alternatives to filing a transfer petition?

• Explore options like mediation, online hearings, exemption from personal appearance or even temporary relocation for trial purposes before resorting to a transfer petition.

61. What is the role of technology in transfer petitions?

• With e-filing and video conferencing, courts may address concerns like distance or inconvenience without transferring cases physically.

62.  What if I’m unsatisfied with the transferee court’s handling of the case?

• You may file an appeal or seek intervention from the higher court if the transferee court fails to provide justice.

63. How do I prepare for objections from the opposite party?

• Anticipate their arguments and prepare counter-reasons, such as:
  • Demonstrating how the transfer is in the interest of justice.
  • Providing evidence to refute claims of forum shopping.

64. Can the court refer a transfer petition for mediation?

• Yes, the Supreme Court often encourages mediation in disputes, especially in matrimonial or family matters, to explore an amicable resolution before deciding on the transfer. On joint request of arties after notice matters are typically referred for mediation to the mediation cell of the Hon’ble Supreme Court.

65. Is mediation mandatory in a transfer petition?

• No mandatory. But preferred if jointly requested. It depends on the nature of the case. In family disputes, mediation is frequently directed. However, in commercial or criminal matters, mediation may not be ordered unless both parties agree.

66. What happens if mediation fails?

• If mediation does not result in a settlement, the court resumes hearing the transfer petition and decides on its merits.

67.  What are the benefits of mediation in a transfer petition?

• Mediation can resolve disputes without requiring the transfer of the case, saving time, costs, and resources for both parties.

68.  Can parties settle their dispute during the transfer petition hearing?

• Yes, the parties can settle their dispute during the proceedings. If they reach a settlement, the transfer petition becomes unnecessary, and the court may record the settlement and close the matter.

69.  What is the role of the court in a settlement during a transfer petition?

• The court facilitates settlement by offering parties the option to mediate or negotiate. Once a settlement is reached, the court formalizes it as a binding agreement.

70. Does a settlement render the transfer petition void?

• Yes, if the parties settle their main dispute, the need for transfer becomes moot, and the court may dismiss the petition accordingly.

71. Can mediation settlement terms include quashing of the pending cases?

• Yes, as part of the settlement, the parties can agree to get the cases pending between them, and the court will typically respect such agreements.

72. Can disputes regarding child custody and visitation be resolved in mediation?

• Yes, mediation can help parties agree on:
  • Custody arrangements (e.g., sole, joint, or shared custody).
  • Visitation schedules.
  • Decisions about education, healthcare, and upbringing.

73. Can maintenance and alimony disputes be mediated?

• Absolutely. Mediation can address:
  • Interim maintenance during the case.
  • Permanent alimony or one-time settlement.
  • Financial responsibilities for children or dependent family members.

74. Can property and asset division be settled in mediation?

• Yes, mediation can cover:
  • Division of jointly owned properties.
  • Allocation of financial assets like bank accounts, investments, and pensions.
  • Return of stridhan (woman’s personal property).

75. Can marital disputes (e.g., dowry harassment claims) be mediated?

• Mediation can explore resolutions for marital disputes, including:
  • Withdrawal of legal complaints if both parties agree.
  • Apologies or other non-financial terms of settlement.

76. Can divorce terms be agreed upon in mediation?

• Yes, mediation can help parties agree on:
  • Mutual consent for divorce.
  • Terms of separation.
  • Post-divorce arrangements like spousal support or parenting plans.

77. Can mediation address family interference or cultural differences?

• Mediation can include discussions about:
  • Reducing third-party interference from family members.
  • Resolving misunderstandings or disputes arising from cultural or religious differences.

78. What happens if mediation succeeds?

• If the parties reach an agreement, the mediator drafts a settlement, which is then submitted to the court for approval. This can make the transfer petition redundant.

80. Can mediation resolve all pending cases between the parties?

• Yes, as noted above, mediation can address multiple cases (e.g., divorce, domestic violence, dowry harassment, maintenance) to achieve a comprehensive settlement.

81. Are the terms of mediation legally binding?

• Once the settlement agreement is recorded by the court, it becomes legally binding and enforceable.

82. Can the mediator suggest transferring the case?

• No, the mediator facilitates discussions but does not have the authority to recommend or decide on the transfer of the case.

83. Can third parties (e.g., family members) participate in mediation?

• Yes, if both parties agree, family members can join the mediation to resolve disputes involving them.

84. Is mediation confidential?

• Yes, all discussions during mediation are confidential and cannot be used in court if the mediation fails.

85. Should both parties agree to mediation?

• Mediation is voluntary, but courts may encourage it to explore settlement options. Both parties must actively participate for mediation to be effective.

86. Can mediation reduce costs in matrimonial disputes?

• Yes, mediation is often quicker and less expensive than litigation, especially if it avoids the need for a transfer or further legal proceedings.

87. What if one party is unwilling to mediate?

• Courts cannot force mediation. If one party refuses, the case proceeds on its merits, including the transfer petition.

88. Can mediation address emotional and psychological issues?

• Mediation can provide a platform for constructive communication, potentially addressing emotional conflicts and misunderstandings, though it is not a substitute for therapy.

89. Can mediation delay the transfer petition?

• If mediation is ongoing, courts may pause the transfer petition. However, this typically reduces overall delays by encouraging early resolution.

90. What if a transfer petition is filed just to delay proceedings?

• Courts scrutinize transfer petitions to ensure they are not being used as a delaying tactic. Frivolous petitions may be dismissed with costs.

91. Does filing a transfer petition indicate lack of faith in the original court?

• Not necessarily. Transfer petitions are often based on practical reasons like convenience or consolidation, not mistrust.

92. Can a party request transfer to a court of their choice?

• Parties can suggest a preferred court, but the final decision rests with the transfer court, which considers fairness and convenience for both sides.

93. What if the parties agree on the transfer?

• If both parties consent to transferring the case, the court is likely to allow the transfer without much deliberation.

94. What happens to multiple suits filed in different courts?

• The Supreme Court can consolidate these suits and transfer them to a single jurisdiction for efficiency and consistency.