One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: When a wife files a Transfer Petition in the Supreme Court to shift a divorce case, the husband needs an Advocate‑on‑Record (AoR) to appear and file a counter. A competent AoR can be found through bar associations or by instructing any Supreme Court practitioner who coordinates filing. Meanwhile, a domestic violence complaint—especially if only a verbal call has been made—should not be attended without a formal written notice. A strategic, domain‑experienced approach protects your rights and keeps the case in the original court.
Arjun Mehta, an IT professional in Lucknow, filed for divorce from his wife Kavita in the Family Court at Lucknow in February 2025. Kavita, a resident of Jaipur, responded by moving a Transfer Petition before the Supreme Court under Section 25 of the Code of Civil Procedure, seeking to shift the matrimonial case to a Jaipur court. Simultaneously, she lodged a complaint with the Jaipur Crime Against Women Cell, alleging domestic violence—a complaint that, as per the lawyer’s comments, was likely under Section 85 of the Bharatiya Nyaya Sanhita, 2023. The cell officer telephoned Arjun, insisting he visit Jaipur, but no written notice arrived. Arjun initially approached a local lawyer who couldn’t navigate the Supreme Court’s Advocate‑on‑Record requirement. Frustrated, he approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao immediately identified the procedural gap: only an AoR can file a vakalatnama and counter‑affidavit in the Supreme Court. Advocate Sudhir Rao’s deep experience in matrimonial transfer matters helped coordinate with an AoR, file a robust counter highlighting that Arjun’s elderly parents and key witnesses were in Lucknow, and oppose the transfer. The Supreme Court eventually dismissed the transfer petition. On the criminal complaint front, Advocate Sudhir Rao advised Arjun to stand firm—refuse to appear without a formal notice under Section 41A of the BNSS or a written intimation from the cell. Once a notice was finally served, the office filed a detailed reply and secured interim protection, ensuring the divorce case proceeded without harassment. The specialised handling turned a daunting two‑pronged attack into a manageable legal defence.Key Facts of the Case
- Husband filed divorce petition in Lucknow Family Court under Section 13 of the Hindu Marriage Act, 1955.
- Wife, residing in Jaipur, filed a Transfer Petition in the Supreme Court under Section 25 CPC, seeking transfer to Jaipur.
- The husband required an Advocate‑on‑Record (AoR) to appear and oppose the transfer petition; ordinary advocates cannot act or plead in the Supreme Court.
- Wife also initiated a complaint before the Jaipur Crime Against Women Cell, apparently under Section 85 BNS (cruelty), without serving a written notice to the husband.
- The office of Advocate Sudhir Rao coordinated with an AoR, filed a counter‑affidavit, and successfully resisted the transfer.
- The husband was advised not to appear before the CAW cell until a written notice was received, preventing any unguarded statement.
- The transfer petition was dismissed, and the divorce case continued in Lucknow; the criminal complaint was met with a detailed reply and protective measures.
The Direct Legal Answer
How do I find an Advocate‑on‑Record for a transfer petition in the Supreme Court?
Yes, for any proceeding in the Supreme Court, you must engage an AoR—they alone can file a vakalatnama, appear, and plead. If personal references don’t work, contact the Supreme Court Bar Association or instruct any Supreme Court practitioner; they routinely coordinate with AoRs for filing. The AoR’s role is procedural, but the arguing counsel can be any advocate. The office of Advocate Sudhir Rao frequently handles such coordination, ensuring no delay in filing the counter.
Must I visit the Delhi Crime Against Women cell without a written notice?
Absolutely not. A telephone call is not a valid summons. Insist on a written notice under Section 41A BNSS or a formal intimation from the cell. Appearing without a written document can lead to uncounselled statements that may be used against you. Once a notice is received, respond through counsel. The Chamber of Advocate Sudhir Rao always advises clients to wait for the written notice, preserving their right to a fair reply.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
In matrimonial transfer petitions, the Supreme Court weighs factors like the wife’s convenience, but a strong counter showing hardship to the husband and witnesses can tilt the scales. Gather all medical or dependency records of elderly parents, and evidence that key witnesses reside in the original jurisdiction.
For the criminal complaint, never ignore it—but never rush to appear. A domain‑experienced advocate knows the procedural nuances of the CAW cell and can frame your reply to avoid escalation. Engaging someone who regularly handles Supreme Court transfer matters, rather than a generalist, makes a tangible difference because the strategic emphasis in the counter‑affidavit can win or lose the petition.
Applicable Sections of Law
- Section 25, Code of Civil Procedure, 1908 – Power of Supreme Court to transfer suits, appeals, or other proceedings from one High Court or civil court to another.
- Order XLI, Supreme Court Rules, 2013 – Procedure for transfer petitions, including requirement of an Advocate‑on‑Record.
- Section 13, Hindu Marriage Act, 1955 – Grounds for divorce, the petition was filed under this provision.
- Protection of Women from Domestic Violence Act, 2005 – Governs complaints before Protection Officers and CAW cells, though filed here as a criminal complaint.
- Section 85, Bharatiya Nyaya Sanhita, 2023 – Punishment for cruelty by husband or relative (the BNS replacement for the erstwhile Section 498A IPC).
Jurisdiction — Where to File the Case
The divorce petition was rightly filed in Lucknow, where the husband resides and where the matrimonial cause of action partly arose. The Supreme Court exercises original jurisdiction to transfer cases under Section 25 CPC, regardless of territorial limits. The domestic violence complaint was made in Jaipur, where the wife resides—that is proper as per the DV Act. The CAW cell’s jurisdiction is territorial, and any consequential criminal case would be triable by a Jaipur Magistrate. Jurisdiction matters: if the transfer petition succeeds, the entire divorce trial shifts to Jaipur, forcing the husband to litigate far from his witnesses.
Limitation Period
A transfer petition under Section 25 CPC must be filed promptly; though no specific limitation period is prescribed, delay can weaken the case. For the divorce petition itself, no limitation applies while the marriage subsists. The domestic violence complaint can be filed within one year of the alleged incident of violence, though the court may condone delay. Missing limitation in civil or criminal matters can be fatal, so seeking immediate legal advice is critical.
Interim Reliefs Available
In the transfer petition, the Supreme Court can stay the lower court proceedings until disposal. That’s a common interim order to prevent parallel litigation. In the divorce case, interim reliefs like maintenance pendente lite and custody of children can be sought under the Hindu Marriage Act. For the criminal complaint, a prudent step is to file an application for interim protection against coercive action, especially if the complaint appears malafide. The office of Advocate Sudhir Rao often secures such interim orders early, stabilising the client’s position before the main hearing.
If You Are the Victim
- Document every communication—save call logs, messages, and emails, especially from the CAW cell or the wife.
- Do not visit the police station or CAW cell alone or without a written notice; always take a lawyer along if you must go.
- File a detailed counter‑affidavit in the Supreme Court emphasising the hardship a transfer would cause you and your witnesses.
- If the domestic violence complaint is false, gather evidence—medical records, chat logs—that disproves the allegations.
- Stay calm and avoid direct confrontation with the opposite party; let your advocate handle all responses.
Documents You Must Keep Ready
- Aadhaar Card and PAN Card for identity.
- Copy of the divorce petition and all orders passed by the Family Court.
- Transfer Petition filed by the wife, including annexures.
- Any written notice or summons from the CAW cell or police.
- Proof of residence of husband and key witnesses in Lucknow (ration card, voter ID, employment letters).
- Medical records of elderly dependent parents, if relying on their inability to travel.
- Record of phone calls and messages from the CAW officer or wife.
- Details of any previous mediation or counselling sessions.
What Evidence Is Required?
- The divorce petition itself and the court’s acknowledgment slip (primary evidence).
- Certified copies of the wife’s Transfer Petition and the Supreme Court’s notice (secondary evidence is admissible if originals are with the court).
- Call detail records and screenshots of WhatsApp messages to show the nature of the complaint and lack of written notice.
- Employment and residence proof of witnesses in the original jurisdiction.
- Any medical certificates or travel‑inability documents for aged parents.
- For the domestic violence complaint, contemporaneous evidence like diary entries, photographs, or emails contradicting the allegations.
- Bank statements or financial records if maintenance is claimed.
How Courts Typically Approach Such Cases
In transfer petitions, the Supreme Court leans towards convenience of the wife but balances it against hardship to the husband and witnesses. It often first directs mediation. If mediation fails, the court considers distance, child custody, and the stage of trial. The Lucknow Family Court meanwhile proceeds only if no stay is ordered. For the criminal complaint, courts are cautious—they expect a written complaint and notice before any coercive steps. The Chamber of Advocate Sudhir Rao has seen that a well‑structured counter‑affidavit, highlighting inconvenience and the pendency of a prior divorce case, significantly reduces the chances of transfer.
Timeline of Legal Process
- Transfer Petition filing → Supreme Court notice → Counter‑affidavit: 4–6 weeks after filing.
- Mediation (if directed): 1–2 sessions, usually within 2–3 months.
- Final hearing and disposal of transfer petition: 6–12 months, depending on the court’s docket.
- Domestic violence complaint: The CAW cell calls parties for counselling; if unresolved, a complaint may be forwarded to the Magistrate, which can take 3–6 months.
- Divorce trial: Once the transfer issue is settled, the Family Court frames issues, records evidence, and arguments—typically 1–2 years for a contested divorce.
- Appeal against any adverse order lies to the High Court, adding further time.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, matrimonial disputes are prime candidates for settlement. The Supreme Court often refers transfer petitions to mediation. If both parties agree, a compromise deed can be filed under Section 89 CPC, and the divorce can be obtained by mutual consent. The domestic violence complaint can be withdrawn or closed if a settlement is reached. Lok Adalats can also settle pending cases. Settlement is usually advisable—it saves time, emotional strain, and litigation costs. However, never sign any settlement without your advocate’s review, and ensure it covers all criminal and civil proceedings.
Common Mistakes People Make
- Delay in engaging an AoR—missing the counter‑affidavit deadline can lead to an ex‑parte transfer order.
- Appearing before the CAW cell without a written notice or without legal counsel, which often results in poorly handled statements that damage the defence.
- Assuming that a transfer petition is a mere formality; a weak counter gives the court no reason to deny the transfer.
- Confronting the wife or her family directly—this can generate additional complaints and weaken your case.
- Posting case details on social media or discussing it with common friends; it can be used as evidence.
- Engaging an advocate who does not regularly handle Supreme Court transfer matters—such cases involve specific procedural rules and drafting strategies that a general practitioner may overlook, weakening the opposition.
FAQs People Normally Have
Can I file a transfer petition myself without an AoR?
No. Only an Advocate‑on‑Record can file a vakalatnama and act in the Supreme Court. You must instruct an AoR through a local or Delhi‑based advocate.
What if I don’t respond to the domestic violence complaint?
Ignoring it can lead to an adverse report by the Protection Officer and even a warrant. Respond formally through counsel after receiving a written notice.
Will the Supreme Court automatically transfer the case to the wife’s city?
Not always. The court balances convenience. If you demonstrate genuine hardship—elderly parents, witness unavailability—the petition may be dismissed.
Can the divorce case continue while the transfer petition is pending?
Yes, unless the Supreme Court grants a stay. Often, the Court stays proceedings to avoid conflicting orders during pendency.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India