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 —
- 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;
- names and addresses of the parties;
- question(s) of law involved; and
- 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.
Sample format of Transfer Petiton
For the Format of a Transfer Petition Reply, Click Here
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4 Comments
my wife filed case us 125 and DV act in gauhati Assam although she is resident of Delhi. How can I request SC/HC to transfer the case to Delhi
kindly contact my office on +91-7428418261 regarding this.
My dv matter is pending in the lower court since 7 years but judge is not taking my applications what can i do if i want to move on high court??
You can file for an expedite application at the High Court.