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Access to justice refers to the ability of individuals to have their legal rights and grievances addressed through the legal system. It involves ensuring that individuals have the resources and opportunities necessary to participate in the legal process and to have their legal disputes resolved fairly and efficiently. The essence of access to justice is being able to defend yourself and to be able to prosecute your case.

Access to justice is considered an important element of the rule of law, as it ensures that the legal system is available and accessible to all members of society, regardless of their economic status, social standing, or other factors. It is also an essential component of a fair and just society, as it helps to protect the rights and interests of individuals and to hold those who violate the law accountable for their actions. Ensuring that everyone has access to justice requires that legal systems and institutions are accessible, affordable, and responsive to the needs of all members of society.

Often the parties are faced with cases being filed against them which is inconvenient to the extent that it does not allow them to defend themselves. This is often seen in matrimonial litigation where the husband or the wife file cases in far flung areas. There are also cases where on account of social or language barriers it is nearly impossible to mount a defence. It is in those cases that one can seek transfer of cases from court to another.

The power to transfer cases from one district to another within the State lies with the High Court. However, if transfer is from one State to another in India, the power lies with the Supreme Court of India

The Supreme Court of India has the authority to transfer cases from one court to another in order to ensure the fair and efficient administration of justice. In general, the Supreme Court can transfer cases between different courts within the country, including between different High Courts (which are the highest courts in each state or territory) and between the High Courts and the Supreme Court.

According to Section 25 of the Code of Civil Procedure, 1908 the Supreme Court has the authority to transfer any case, appeal, or other proceeding from a High Court or other civil court in one state to a High Court or other civil court in another state if it is deemed necessary for the ends of justice. 

Similarly, under Section 406 of the Code of Criminal Procedure,1973, the Supreme Court has the power to transfer criminal cases and appeals from one High Court to another or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. This power may only be exercised on the application of the Attorney General or a party with a vested interest in the case. If an application under this section is dismissed, the Supreme Court may order the applicant to pay a fine of up to Rs 1000 as compensation if it is deemed that the application was frivolous or vexatious.

According to Article 139A of the Indian Constitution, the Supreme Court has the authority to transfer cases from one court to another in order to ensure that cases are handled efficiently and justly. This power is granted to the Supreme Court if it determines that cases involving similar or substantially similar questions of law are pending before it and one or more High Courts, and that it involves a substantial question of law. In such cases, the Supreme Court may withdraw the cases from the High Courts and handle them itself. Additionally, Article 139A(2) allows the Supreme Court to transfer any case, appeal, or other proceeding pending before a High Court to another High Court if it is deemed necessary for the ends of justice or example, the Supreme Court can transfer a case if it is of the opinion that the case involves a substantial question of law and that it would be in the interests of justice to transfer the case to itself or to another court. The Supreme Court can also transfer a case if it is of the opinion that the case involves a question of public importance and that it would be in the interests of justice to transfer the case to itself or to another court.

Some instances of transfer of cases

In Pooja Rathod v. Tarun Rathod, (2022) 4 SCC 514, the Hon'ble Supreme Court transferred a case filed by husband (at Chennai) against the wife 600 kms away from where the wife resides (at Hyderabad)

In Anju v. Pramod Kumar, (2005) 11 SCC 186, the Supreme Court transferred the case to a neutral place as both husband and wife expressed apprehension in travelling to each other’s native places.

In Deepa Mohan Naik v. Chandra Bhusan Pal, (2022) 2 SCC 54, Supreme Court allowed transfer in favour of the wife and also directed for attempts at mediation to resolve the dispute.

In Eluri Raji Reddy v. State of Delhi, (2004) 4 SCC 479, the Supreme Court allowed transfer in favour of the husband as the husband sought transfer to Andhra Pradesh and the wife had a place of residence in Andhra Pradesh.

In Lalita v. Kulwinder Kumar, (2007) 15 SCC 667, the Supreme Court allowed transfer in favour of the wife and held that the convenience of the wife is to be looked into. 

References:

https://www.legalserviceindia.com/Supreme-court/Transfer-of-Petition-in-India.htm

https://blog.ipleaders.in/parameters-followed-supreme-court-transfer-petitions/