Legal Reasons why most of Transfer Petitions filed by Wife are accepted by Supreme Court - Understanding Laws
Wife's Family and Husband's families may be living in different states of India.
After dispute in marriage, wife goes back to her parents. And files cases on husband from the city where her parents reside.
Husband will file cases from city where he resides.
For example, husband living in Gujarat, will file cases in Gujarat. Wife living in Maharashtra, will file cases in Maharashtra.
In such interstate cases, only Supreme Court can transfer cases from one state to another.
Law says that while transferring such cases, the Supreme Court only need to see A. Hardship to the parties. For which party it is harder to travel to other state to defend cases? And B, Interest of Justice
Supreme Court does not need to examine merits of cases. It cannot look into cases to know which case is more believable and which is less believable.
So, so far as first point A is considered, wife will usually win. She may be young, pregnant, or with a child, she cannot travel to other state without suffering much hardship. On the other hand, husband is a man. He can travel alone to other state to defend his cases. Though hardships will be on both sides, greater hardship will be on wife's side.
To decide volume of hardship of wife, the judges usually want to know distance between two courts.
If the distance is long, wife's petition will be usually accepted and all cases filed by husband in his city, will be transferred to city where wife lives.
This is the trend as on TODAY. The Trend in Future may change. We do not know.
- Haresh Raichura
