Transfer Petition in Odisha: How to Move a Case from One Court to Another
If you fear bias from a local court, need to combine related cases, or have genuine convenience reasons, you can apply to the Odisha High Court to transfer your case from one district court to another. This guide explains civil and criminal transfer procedures.
By Advocate Debarchana Samal · 21 July 2026 · 6 min read
Why People Need to Transfer a Case
Not every case proceeds smoothly in the court where it was originally filed. Litigants approach the Odisha High Court for a transfer for several genuine reasons: a real and reasonable apprehension that the local court or the opposing party has undue influence over the proceedings; the sheer distance and expense involved for a party or its witnesses to travel to a far-off court; the need to consolidate multiple related cases pending in different courts so that they can be heard together and avoid conflicting findings; and, very commonly in matrimonial matters, a wife's genuine difficulty in attending a court far from her current residence.
Civil Case Transfer — Section 24 CPC
Section 24 of the Code of Civil Procedure gives the High Court and the District Court the power, at any stage, to transfer any suit, appeal, or other proceeding from one civil court to another civil court that is competent to try it. This can be done on the application of a party or even by the court on its own motion, if the court is satisfied that the transfer is necessary in the interest of justice.
Criminal Case Transfer — Section 407 and Section 406 CrPC
For criminal matters within Odisha, Section 407 of the CrPC empowers the Odisha High Court to transfer a case from one criminal court to another within the state — for instance, from a Sessions Court in one district to a Sessions Court in another. When the transfer needs to happen between courts in different states, only the Supreme Court has the power to order it, under Section 406 CrPC.
Common Grounds Courts Accept for Transfer
Matrimonial Transfer — Section 25 Hindu Marriage Act
In divorce, maintenance, and custody proceedings under the Hindu Marriage Act, courts have consistently recognised that a wife facing genuine hardship — financial dependence, distance, or safety concerns — can apply to have the case transferred to a court convenient to her current place of residence. This principle, though rooted in the Hindu Marriage Act, is widely applied by analogy in matrimonial matters under other personal laws as well, and Odisha courts routinely grant such transfers where the hardship is genuine.
Step-by-Step: Filing a Transfer Petition
Identify the correct provision and forum
Determine whether your matter is civil (Section 24 CPC), criminal (Section 407 CrPC for within-state, Section 406 for inter-state), or matrimonial (Section 25 Hindu Marriage Act), since this decides where and how you file.
Gather grounds and supporting evidence
Collect documents and facts that demonstrate genuine apprehension of bias, hardship, or convenience — vague allegations without supporting material are routinely rejected by courts.
Draft and file the transfer petition with an affidavit
File the petition before the Odisha High Court (or the Supreme Court for inter-state transfers), supported by a sworn affidavit and copies of the relevant case records.
Apply for stay of proceedings in the original court
Separately request a stay of the ongoing proceedings in the original court while the transfer petition is pending, to prevent the trial from moving ahead in parallel.
Attend the hearing and obtain the transfer order
If the court is satisfied with the grounds, it passes an order transferring the case, and the receiving court then continues the proceedings from the stage they had reached.
Important note: Courts do not grant transfers lightly — a mere preference for a different court, or general dissatisfaction with how a case is proceeding, is not enough. You need specific, demonstrable grounds. Filing a weak transfer petition can delay your own case and invite an unfavourable cost order.
Frequently Asked Questions
What is the difference between Section 24 CPC and Section 407 CrPC transfer?
Section 24 of the Code of Civil Procedure allows transfer of civil suits between courts, and this power can be exercised by the High Court or the District Court. Section 407 of the CrPC deals with transfer of criminal cases and can only be exercised by the High Court, which can transfer a case from one criminal court to another within the state, including moving a case between districts in Odisha.
Can a wife get her matrimonial case transferred to a court near her residence?
Yes. Under Section 25 of the Hindu Marriage Act (and similar provisions in other personal laws), courts have consistently recognised that a wife can seek transfer of a matrimonial case — divorce, maintenance, or custody proceedings — to a court convenient to her, especially if she has to travel long distances or faces financial hardship in attending the original court. This is one of the most commonly used transfer grounds in Odisha family courts.
Does filing a transfer petition automatically stop proceedings in the original court?
No, filing alone does not automatically stay proceedings. You must specifically apply for a stay of proceedings before the original court or seek an interim stay order from the High Court while the transfer petition is pending, otherwise the trial court may continue hearing the case simultaneously.
What are valid grounds for transferring a case in Odisha?
Common valid grounds include a genuine and reasonable apprehension of bias by the judge or local influence over witnesses, convenience of the parties or witnesses (especially where most witnesses reside far from the current court), the need to consolidate multiple related cases in one court, and general exigencies of justice. Mere inconvenience or a party simply not liking the presiding judge is usually not sufficient.
Where do I file if I want to transfer a case from an Odisha court to a court in another state?
Transfers between courts in different states cannot be done by the Odisha High Court alone. Such inter-state transfer petitions, whether civil or criminal, must be filed before the Supreme Court of India under Section 25 CPC (civil) or Section 406 CrPC (criminal), since only the Supreme Court has the jurisdiction to transfer cases across state boundaries.
Need to Transfer a Case in Odisha?
Advocate Debarchana Samal handles civil, criminal, and matrimonial transfer petitions before the Odisha High Court. Contact us to assess whether your case qualifies for transfer and to begin the process.
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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