The power to transfer a suit, appeal, or proceeding vests within the Allahabad High Court by virtue of Section 24 of the Civil Procedure Code, 1908. The said provision creates an exception to the well-settled principle that “Plaintiff is the dominus litis”. It is a settled principle of law that the plaintiff, being dominus litis, has the right to choose the forum for institution of proceedings, and such choice ought ordinarily to be respected. Interference with the forum selected by the plaintiff is an exception and not the rule.
For convenience, Section 24 of the Civil Procedure Code, 1908, is quoted below:
24. General power of transfer and withdrawal.—(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which is thereafter to try or dispose of such suit or proceeding may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
(3) For the purposes of this section,—
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) “proceeding” includes a proceeding for the execution of a decree or order.
(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction to try it.
Factors to be considered in a Transfer Application in a Matrimonial Case
The Supreme Court and the Allahabad High Court have clarified the legal position by laying down a non-exhaustive list of factors to be considered when entertaining a transfer application. These are as follows:
- balance of convenience or inconvenience to the plaintiff, the defendant, or the witnesses
- convenience or inconvenience of a particular place of trial, having regard to the nature of evidence on the points involved in the suit
- issues raised by the parties
- reasonable apprehension in the mind of the litigant that he might not get justice in the court in which the suit is pending;
- Important questions of law are involved
- A considerable section of the public is interested in the litigation;
- “Interest of justice” demanding the transfer of the case, etc.
However, in various judgments by the Hon’ble Allahabad High Court, it has been held that in the case of matrimonial proceedings, the “balance of convenience” is the primary yardstick, and the convenience of the wife deserves due consideration. The cardinal principle governing the exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should be subserved. However, one must caution that the inconvenience of wife must be demonstrated by the existence of real hardship, such as inability to travel long distances, absence of an escort, or other circumstances rendering the participation in proceedings practically impossible.
What if the other party consents to the transfer of the case?
In the case of Smt. Arju @ Vimal v. Umakant Parasar 2026:AHC:21260, the Hon’ble Allahabad High Court has recently held that if the other party does not object to the transfer application, then it becomes a material consideration in favour of allowing the transfer. The Hon’ble Court held as follows:
“11. Where the parties are ad idem on the question of transfer, the need for a detailed comparative examination of balance of convenience stands considerably diluted. The plaintiff’s right as dominus litis is deemed to have been voluntarily waived, and no prejudice can be said to be caused to either side. A consensual transfer, in such circumstances, ordinarily advances the interest of justice, avoids procedural contest, and facilitates expeditious adjudication.”
What is the paramount consideration to be given in transfer applications?
The Supreme Court has consistently held that the paramount consideration in transfer applications is whether continuance of proceedings in the chosen forum would result in denial of justice. The Courts have held time and again that the mere convenience of the parties or any one of them may not be enough for the exercise of power, but it must also be shown that trial in the chosen forum will result in denial of justice.
If the matrimonial case is prayed to be transferred, then there must be a specific pleading as to how the expense or difficulty is of such magnitude as to result in injustice. Furthermore, applications must contain a specific pleading containing reasonable grounds and not bald or vague allegations.