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The Supreme Court is the final court of appeal in India. Most cases reach it through a Special Leave Petition. Here is how the process works.
Last reviewed: October 2026 · General information only, not legal advice.
Under Art. 136, the Supreme Court may grant special leave to appeal against any judgment or order of any court or tribunal in India (except military tribunals). It is a discretionary remedy, generally exercised where there is a substantial question of law or grave injustice.
| Remedy | Provision | Use |
|---|---|---|
| Writ petition | Art. 32 | Violation of fundamental rights; habeas corpus, mandamus, certiorari |
| Transfer petition (civil) | CPC 25 | Transfer of a case from one state to another, commonly sought by wives in matrimonial cases |
| Transfer petition (criminal) | BNSS 446 | Transfer of a criminal case for a fair trial |
| Statutory appeals | Various | Appeals from NCLAT, NCDRC, tribunals and others |
| Review petition | Art. 137 | Within 30 days, on an error apparent on the record |
| Curative petition | Art. 142 | Rare cases of gross miscarriage of justice after review is dismissed |
An SLP must generally be filed within 90 days from the date of the High Court's judgment, or within 60 days from the date of an order refusing a certificate of fitness to appeal. Delay may be condoned for sufficient cause.
Yes. The Supreme Court can transfer a civil case, such as a divorce petition, from one state to another under Section 25 of the CPC. Courts generally consider the convenience of the wife in matrimonial transfer petitions.
No. Special leave is discretionary. Many SLPs are dismissed at the admission stage. If the Court finds merit, it issues notice to the other side and may later grant leave and hear the appeal.
Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.