How to File a Transfer Petition to Move Your Divorce Case in Odisha
A spouse who finds it difficult to attend court in the city where a divorce case is pending can file a transfer petition seeking to move it to a more convenient court — before the Odisha High Court for transfers within the state, or the Supreme Court for transfers between states — citing genuine hardship such as distance, cost, or safety.
By Advocate Debarchana Samal · 30 July 2026 · 7 min read
Why Would a Divorce Case Need to Be Transferred?
Matrimonial cases are typically filed where the marriage took place, where the couple last resided together, or where the wife currently resides — giving her flexibility under Section 19 of the Hindu Marriage Act to file in a place convenient to her. Even so, situations change. A spouse may relocate for work, a case may have been filed in a distant city that is now impractical to attend, or one party may genuinely be unable to bear the cost or safety risk of travelling repeatedly for hearings. In such cases, either spouse can approach the appropriate court seeking to transfer the case to a court that is more convenient and fair to attend.
Which Court Has the Power to Transfer Your Case?
Transfer within Odisha
Example: From one district family court to another within the state (e.g., Cuttack to Bhubaneswar)
Filed before the Odisha High Court under Section 24 CPC / inherent powers
Transfer between states
Example: From an Odisha court to a court in another state, or vice versa
Filed before the Supreme Court of India under Section 25 CPC
Grounds Courts Consider for Transfer
Step-by-Step: Filing a Transfer Petition
Identify the correct forum
Confirm whether your transfer petition should go before the Odisha High Court (both courts are within Odisha) or the Supreme Court (the two courts are in different states).
Draft the petition with clear grounds and evidence
Your lawyer prepares a petition setting out the specific hardship — distance, cost, health, or safety — supported by documents such as medical records, travel cost estimates, or prior incident reports.
File the petition and ensure proper service
File the transfer petition before the appropriate court and ensure notice is duly served on the opposite spouse and, where required, on the family court where the case is currently pending.
Attend the hearing and address objections
Appear at the hearing, present your grounds, and respond to any objections the other spouse raises, such as claims that the transfer request is a delay tactic.
Obtain the order and continue proceedings at the new court
Once transfer is granted, the case record moves to the new court and future hearings proceed there, generally continuing from the same procedural stage.
Important: A transfer petition filed purely to delay proceedings or harass the other spouse is likely to be dismissed and can attract costs. Courts examine whether the hardship claimed is genuine and balance the inconvenience to both parties before ordering a transfer.
Frequently Asked Questions
Under which law can a divorce case be transferred in Odisha?
A matrimonial case can be transferred from one family court to another within Odisha under Section 24 of the Code of Civil Procedure, or through inherent powers of the Odisha High Court. If the case needs to move between two different states — for instance, from an Odisha court to a court in another state, or vice versa — the transfer petition must be filed before the Supreme Court of India under Section 25 CPC.
What are valid grounds to transfer a divorce case?
Common grounds include genuine hardship in travelling to the current court due to distance, health, or financial constraints; the wife's difficulty in attending a court far from her residence, which courts often view sympathetically; safety concerns if there has been violence or intimidation; and the convenience of witnesses. Courts weigh both parties' hardship and generally aim for a forum that causes the least overall inconvenience.
Is it easier for a wife to get a transfer than a husband?
Courts have generally shown sensitivity to a wife's difficulty in travelling to a distant court for matrimonial proceedings, particularly where she lacks independent means or the travel poses safety concerns. This is not an absolute rule, however — each transfer petition is decided on its specific facts, and a husband can equally succeed in a transfer petition if he demonstrates genuine hardship, such as serious illness, disability, or financial incapacity to travel.
How long does a transfer petition take to be decided?
Timelines vary. A transfer petition before the Odisha High Court may be decided within a few months depending on the court's docket, while a transfer petition before the Supreme Court in an inter-state matter can take longer given the volume of matters before it. Filing early and providing complete, well-documented grounds for hardship helps avoid delays.
Does filing a transfer petition stop the ongoing divorce proceedings?
Not automatically. Unless the court hearing the transfer petition specifically grants a stay of proceedings in the original court, the divorce case can continue in the original court while the transfer petition is pending. Parties often request a stay along with the transfer petition to avoid parallel or wasted proceedings.
Need to Transfer Your Divorce Case in Odisha?
Advocate Debarchana Samal, Cuttack, Odisha, assists both husbands and wives in filing well-grounded transfer petitions before the Odisha High Court and Supreme Court. Contact us for a confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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