How a Matter Reaches the Supreme Court of India
Last updated: 11 July 2026 · General legal information, not legal advice
The main routes to the apex court
| Route | When it applies | Provision |
|---|---|---|
| Special Leave Petition (SLP) | Against most final High Court / tribunal orders — the widest gateway | Article 136 |
| Statutory / civil & criminal appeal | Where the law grants a direct right of appeal, or the HC certifies fitness | Articles 132–134, 133 |
| Transfer petition (civil) | To move a suit/matrimonial case from one state to another | Section 25 CPC |
| Transfer petition (criminal) | To move a criminal case across states | Section 446 BNSS (earlier 406 CrPC) |
| Writ petition | Direct enforcement of fundamental rights | Article 32 |
| Review / Curative | To reconsider the Court's own final judgment | Article 137; Rupa Ashok Hurra (2002) |
Special Leave Petition — the widest gateway
Article 136 gives the Supreme Court discretion to grant "special leave" to appeal against virtually any order of any court or tribunal in India. It is not a right of appeal — the Court first decides whether the matter deserves leave, examining questions of law of general importance, gross miscarriage of justice, or conflicting High Court views. An SLP against a High Court order is ordinarily filed within 90 days. If leave is granted, the SLP converts into a civil or criminal appeal and is heard on merits. Precise, focused drafting that isolates the substantial question is what earns leave — the Court declines the vast majority of SLPs at the threshold.
Transfer petitions — a large and practical category
Among the Court's most frequently filed matters are transfer petitions in matrimonial disputes. When divorce, maintenance or custody proceedings are pending in one city and a spouse — most often the wife — finds it unsafe or impractical to travel, a petition under Section 25 CPC (civil) or Section 446 BNSS (criminal) seeks transfer of the case to the court of her residence. The Supreme Court has consistently leaned toward the convenience of the wife in such transfers. These petitions are document-driven and time-sensitive, and are commonly filed alongside efforts at settlement or mediation before the Court's mediation centre.
Bail and criminal matters at the Supreme Court
Where a High Court has declined bail or quashing, or has passed an order raising a serious question of liberty, a criminal SLP lies to the Supreme Court. The Court also entertains SLPs in significant conviction appeals and matters involving interpretation of the new criminal codes (BNS, BNSS, BSA). Given the stakes, these are prepared with a tightly framed challenge to the High Court's reasoning and the constitutional dimension of personal liberty under Article 21.
The Advocate-on-Record system
Filing before the Supreme Court is channelled through Advocates-on-Record — advocates who have cleared the Court's AoR examination and are registered to file and act in its Registry. An AoR files the petition and remains responsible for it; arguing counsel may appear alongside. For litigants anywhere in India — including Delhi NCR and Haryana — a matter is prepared and then filed in coordination with an AoR, so that drafting quality and Registry compliance both hold.
Practical points for litigants
- Location: the Supreme Court sits at Tilak Marg, New Delhi; e-filing and video-conference hearings are available in listed categories.
- Limitation: SLP within 90 days of the High Court order (60 days in certain certificate-refusal situations); prompt action preserves the remedy.
- Record: a certified copy of the impugned High Court order and the complete lower-court record are central to the petition.
- Case status: available on the Court's official website (sci.gov.in) by diary/case number.
Frequently asked questions
Case Supreme Court tak kaise pahunchta hai?
Zyadatar SLP (Article 136) ke through, High Court ke final order ke against, aam taur pe 90 din mein, Advocate-on-Record ke zariye. Statutory appeals, transfer petitions, Article 32 writs bhi routes hain.
Matrimonial transfer petition kya hoti hai?
Divorce/maintenance case ko ek sheher se doosre transfer karwane ki petition — aksar wife apne residence ke court mein karwati hai (S.25 CPC / S.446 BNSS). Court usually wife ki convenience ko weight deta hai.
Advocate-on-Record kya hota hai?
Sirf AoR (jo SC ki AoR exam pass kar registered hai) Supreme Court mein filing kar sakta hai. Doosre advocate argue kar sakte hain, par petition AoR ke through hi file hoti hai.
SLP ki time limit kya hai?
High Court order ke 90 din ke andar (kuch cases mein 60). Delay condone ho sakta hai sufficient cause pe, par jaldi act karna best hai.
Related reading
Punjab & Haryana High Court — matters & process · Criminal defence under the new codes · Divorce & matrimonial matters
Enquiries regarding Supreme Court matters
The chamber may be contacted by telephone or WhatsApp regarding matters proposed to be carried to the Supreme Court, including SLPs and transfer petitions, filed in coordination with an Advocate-on-Record. Nothing on this page constitutes legal advice.
+91 99713 43031