Family Law 📅 2026-07-16⏱️ 9 min read

Transfer Petition from Family Court Under Section 24 CPC in West Bengal — Complete Guide

Complete guide to filing a transfer petition under Section 24 CPC to transfer a case from one Family Court to another in West Bengal. Learn about grounds for transfer, procedure before District Judge and Calcutta High Court, convenience of wife, and landmark judgments.

📑 Table of Contents

What Is a Transfer Petition Under Section 24 CPC

A transfer petition under Section 24 of the Code of Civil Procedure, 1908 is an application seeking the transfer of a pending civil suit, appeal, or proceeding from one court to another court of competent jurisdiction. In the context of family law, transfer petitions are most commonly filed to transfer matrimonial cases — divorce petitions, restitution of conjugal rights, maintenance cases, and guardianship matters — from the court where the husband filed the case to a court near the wife's residence.

Section 24 is a powerful procedural tool designed to ensure that litigants are not forced to travel long distances to defend themselves, that justice is not only done but is accessible, and that courts can balance the convenience of the parties. The provision empowers the High Court and the District Court to withdraw any suit, appeal, or proceeding pending before any subordinate court and transfer it to any other subordinate court competent to try it.

In West Bengal, where family courts are located in different districts — Kolkata, Alipore (South 24 Parganas), Barasat (North 24 Parganas), Barrackpore, Bidhannagar, and others — transfer petitions are a common feature of matrimonial litigation. The husband may file a divorce case in his native district, forcing the wife (who may be residing with her parents in a different district) to travel long distances for every hearing. A transfer petition under Section 24 CPC is the remedy to bring the case to a court convenient to her.

Advocate Panchanand Shaw, with 5+ years of experience at Calcutta High Court and Kolkata Family Courts, has successfully filed and opposed numerous transfer petitions. Call +91 90070 00603 or visit 14 Hare Street, Kolkata — 700001.

Grounds for Transferring a Family Court Case

Section 24 CPC vests the court with broad discretion to order transfer. The following are the recognized grounds:

1. Convenience of the Wife: In matrimonial cases, the Supreme Court has elevated the wife's convenience to a paramount consideration. In cases such as Sumita Singh v. Kumar Sanjay and Vaishali Shridhar Jagtap v. Shridhar Jagtap, the Court held that the wife's inability to travel, financial constraints, the presence of minor children, and safety concerns are valid grounds.

2. Balance of Convenience: Even in non-matrimonial cases, the court considers the balance of convenience — which party would face greater hardship if the transfer is granted or refused. Factors include: distance, availability of transport, health of the parties, location of witnesses, and the location of evidence.

3. Apprehension of Bias or Lack of Fair Trial: If the party has a genuine and reasonable apprehension that they will not get a fair trial in the court where the case is pending, transfer may be ordered. This ground requires specific instances and cannot be based on vague suspicions.

4. Related Cases in Different Courts: If there are multiple cases between the same parties pending in different courts, a transfer petition can be filed to consolidate all cases in one court. This avoids conflicting decisions and reduces litigation costs.

5. Mala Fide Filing in a Distant Court: If the case was filed in a distant court with the deliberate intention of harassing the other party (forum shopping), transfer is readily granted.

Procedure to File Transfer Petition in West Bengal

The procedure for filing a transfer petition under Section 24 CPC in West Bengal is straightforward:

Step 1 — Identify the Appropriate Forum: If both the transferring and transferee courts are within the same district (e.g., both within Kolkata or both within North 24 Parganas), the petition goes to the District Judge. If the courts are in different districts (e.g., from Alipore to Kolkata), the petition goes to the Calcutta High Court. If one of the courts is in a different state, the petition goes to the Supreme Court under Section 25 CPC.

Step 2 — Draft the Petition: The petition must state: (a) details of the case sought to be transferred (court, case number, parties, nature of case), (b) the grounds for transfer (convenience, balance of convenience, etc.), (c) the transferee court to which transfer is sought, (d) that the transferee court has jurisdiction to try the case, and (e) an affidavit verifying the facts.

Step 3 — Attach Documents: Certified copy of the plaint/petition in the case sought to be transferred, copy of the summons, order sheets (if any), proof of residence of the petitioner, and any documents supporting the grounds for transfer.

Step 4 — File the Petition: File before the District Judge or the Calcutta High Court (Transfer Bench), as applicable. Pay the prescribed court fee. Notice is issued to the opposite party.

Step 5 — Hearing: The court hears both parties. If the opposite party does not object, the transfer is generally allowed. If opposed, the court decides based on the grounds and convenience of parties.

Step 6 — Order and Transmission of Records: If transfer is allowed, the court directs the records to be transmitted to the transferee court. The transferee court then proceeds from the stage at which the case was transferred.

Convenience of Wife — The Decisive Factor

In matrimonial transfer petitions, the convenience of the wife has emerged as the single most decisive factor. The Supreme Court has developed a robust jurisprudence that places the wife's convenience at the center of the transfer analysis:

Financial Dependence: In most Indian households, the wife is either not employed or earns less than the husband. Requiring her to travel to a distant court imposes a financial burden that the husband (who typically has greater resources) does not face.

Childcare Responsibilities: If the wife has custody of minor children, leaving them to attend court hearings in a distant location is impractical and detrimental to the children's welfare.

Safety Concerns: The Supreme Court has recognized that a woman traveling alone to a distant and unfamiliar place may face safety concerns. This is a valid consideration, especially in cases where there is a history of domestic violence.

Social Support System: The wife typically resides with her parents after separation. Being near her support system is essential for her emotional and psychological well-being. Forcing her to litigate in the husband's hometown isolates her from this support.

The Supreme Court in Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi (1997) held: 'The cardinal principle for exercise of power under Section 24 CPC is that the ends of justice demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever the courts are called upon to consider the question of transfer, the courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioral pattern, their standard of life preceding the marriage and subsequent thereto and the circumstances of both the parties.'

For expert assistance with transfer petitions, contact Advocate Panchanand Shaw at +91 90070 00603, 14 Hare Street, Kolkata — 700001.