How-To · Family · Last verified October 2026
How to Transfer a Matrimonial Case to Another City (2026)
A matrimonial case is often filed in one city while one spouse lives in another, sometimes hundreds of kilometres away. Travelling repeatedly for hearings can be costly, exhausting and, for a parent caring for a young child or someone unable to travel, close to impossible. Indian law provides a way to move the case to a more convenient court. This guide explains, in neutral terms, how to transfer a matrimonial case to another city: the Supreme Court route for inter-state transfers, the High Court route within a state, the grounds courts accept, and the increasingly common alternative of attending by video. It is general information, not legal advice. Last verified October 2026.
- Across states: a civil matrimonial case is transferred by the Supreme Court under Section 25 of the Code of Civil Procedure.
- Within a state: the High Court transfers a case between courts under Section 24 of the Code of Civil Procedure.
- Criminal-side matters: transfers of maintenance or domestic violence matters across states are under Section 446 of the BNSS, 2023 (replacing Section 406 CrPC).
- The test: a transfer is granted where it is expedient for the ends of justice, with hardship and a child's welfare weighing heavily.
- The alternative: courts increasingly allow appearance by video conference instead of physically transferring the case.
01The short answer
Where you file the transfer request depends on the distance of the move. To move a civil matrimonial case, such as a divorce petition, from a court in one state to a court in another state, you file a transfer petition in the Supreme Court under Section 25 of the Code of Civil Procedure (CPC). To move it between courts within the same state, you apply to that state's High Court under Section 24 CPC.
The court grants a transfer where it is expedient for the ends of justice. Convenience alone is not automatically enough, but genuine hardship, the welfare of a young child, and the risk of a party being unable to participate all weigh heavily. Many courts now also offer video hearings as an alternative to a physical transfer.
02Which court you ask depends on the move
| You want to move the case | You apply to | Provision |
|---|---|---|
| From one state to another | The Supreme Court of India | Section 25 CPC |
| Between districts within the same state | The High Court of that state | Section 24 CPC |
| A criminal-side matrimonial matter (maintenance, domestic violence) across states | The Supreme Court | Section 446 BNSS (replacing Section 406 CrPC) |
Most divorce and matrimonial petitions are civil, so the common routes are Section 25 for inter-state and Section 24 for intra-state transfers. Where the matter is on the criminal side, such as a maintenance case before a Magistrate or a domestic violence proceeding, the transfer power across states is now in Section 446 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 406 of the old CrPC. Confirm the correct provision for your exact proceeding with a lawyer.
03The Supreme Court route (Section 25 CPC)
Section 25 CPC gives the Supreme Court the power to transfer any suit, appeal or other proceeding from a civil court in one state to a civil court in another state, if it is satisfied that the order is expedient for the ends of justice. This is the route for the common situation where one spouse has filed, say, in their home city and the other lives in a different state.
A transfer petition is filed in the Supreme Court, served on the other spouse, and decided after hearing both sides. The Court weighs the hardship to the party seeking transfer against the inconvenience to the other and the interest of justice overall. These petitions are a well-established part of the Supreme Court's matrimonial work.
The test is not mere convenience but what is expedient for the ends of justice, with genuine hardship and a child's welfare weighing heavily.
04The High Court route (Section 24 CPC)
Where the case needs to move only within the same state, for example from one district court to another, you do not go to the Supreme Court. Section 24 CPC gives the High Court (and, in some cases, the district court) the power to transfer a case from one subordinate court to another within its jurisdiction.
The principles are similar: the court looks at the balance of convenience and the ends of justice. Because the distances are usually shorter, intra-state transfers can turn on practical factors such as which court is closer, safer or more convenient for the party with care of a child. This route is generally quicker and less expensive than a Supreme Court petition.
05Grounds courts consider
Courts do not transfer a case for the asking; the party seeking transfer has to show a real reason. Factors that courts have treated as weighing in favour of transfer include:
- Care of a young child, where travelling for hearings would be very difficult for the parent who has the child.
- Inability to travel due to serious illness, disability, or lack of means.
- A genuine safety concern at the location of the original court.
- A related case already pending in the city to which transfer is sought, so both can be heard together.
- Distance and cost that make regular attendance impractical.
Courts also weigh the convenience of the party who filed the case and the stage it has reached. The welfare of any minor child is a consideration that carries particular weight. The outcome always turns on the specific facts.
06The video-hearing alternative
A practical shift in recent years is that courts increasingly address the hardship behind a transfer request by allowing a party to appear by video conference, rather than physically transferring the case. This can solve the real problem, attending hearings, without the delay and cost of moving the file.
If your concern is distance and travel rather than a safety or fairness issue tied to the location, it is worth being ready to accept, or to ask for, video appearance as an alternative. Some transfer petitions are disposed of with a direction for virtual hearing instead of a transfer. A lawyer can advise which is the stronger ask on your facts.
07How the petition works in practice
In outline, a transfer petition involves these steps:
- Draft the petition setting out the case details, where it is pending, and the specific grounds for transfer, supported by an affidavit.
- File it in the Supreme Court (inter-state) or the High Court (intra-state).
- Serve the other party, who can file a reply opposing the transfer.
- Attend the hearing, where the court weighs the grounds and may propose a video-hearing solution.
- Comply with the order, after which the case file moves to, or stays at, the court the order names.
While the transfer petition is pending, the original case usually continues unless the court orders otherwise, so keep track of both. For managing the underlying matrimonial matter, see matrimonial case management.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Deciding whether to seek a transfer, and drafting the petition, is a matter for you and your lawyer, and Claw does not do that. Where Claw helps is in keeping track of two things at once: the original matrimonial case and the transfer petition, which may be in different courts and even different cities. Claw tracks family court, maintenance and domestic violence matters and appeals across 9,102 courts, benches and forums, with alerts and monitoring so a hearing date in either proceeding is not missed while the transfer is being decided. Its Legal GPT researches across 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, so a lawyer can quickly find how courts have decided similar transfer requests. Results return in under 5 seconds, and Claw does not train its AI models on your documents. To follow a specific matter, you can run a case search across Indian courts by party name. These matters are sensitive and fact-specific; none of this is legal advice, so take advice on your own situation.
09Sources and further reading
- India Code (Code of Civil Procedure, 1908; BNSS, 2023): indiacode.nic.in
- Supreme Court of India (transfer petitions): sci.gov.in
- eCourts (case status): ecourts.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Transfer outcomes turn on the specific facts; take advice from a qualified professional before acting.
10Frequently asked questions
How do I transfer a divorce case from one state to another in India?
You file a transfer petition in the Supreme Court of India under Section 25 of the Code of Civil Procedure, which empowers the Court to transfer a civil case from a court in one state to a court in another state where it is expedient for the ends of justice. The petition is served on the other spouse, who can oppose it, and the Court decides after weighing the hardship and the interest of justice.
What if I only need to move the case within the same state?
Then you apply to that state's High Court under Section 24 of the Code of Civil Procedure, which can transfer a case from one subordinate court to another within its jurisdiction. This route is generally quicker and less expensive than a Supreme Court petition, and it often turns on practical factors such as which court is closer or more convenient for the party caring for a child.
What grounds will a court accept for transferring a matrimonial case?
Courts look for a genuine reason, not mere preference. Factors that weigh in favour include caring for a young child, inability to travel due to serious illness, disability or lack of means, a credible safety concern at the original court's location, a related case already pending at the destination, and distance and cost that make regular attendance impractical. The welfare of any minor child carries particular weight, and the outcome depends on the facts.
Can the court make me appear by video instead of transferring the case?
Yes, and this is increasingly common. Courts often address the hardship behind a transfer request by directing that a party may appear by video conference, which solves the problem of attending hearings without physically moving the case. If your concern is distance and travel rather than a fairness or safety issue tied to the location, be prepared for a video-hearing direction as an alternative to transfer.
Does my original case continue while the transfer petition is pending?
Usually yes. The original matrimonial case generally continues unless the court orders otherwise while the transfer petition is being decided. This means you may need to keep track of hearing dates in both proceedings, possibly in different cities, until the transfer is resolved. A lawyer can advise whether to seek a stay of the original proceedings in the meantime.