A transfer of case on the grounds of apprehension of bias or interference by bar members requires substantial evidence; mere allegations without material substantiation are insufficient to justify the court's intervention in transferring a case.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL and Crl.MP(MD)No.18154 & 18155 of 2023 S.Kani ... Petitioner/Petitioner Vs

1. Soniya

2. Minor Mahisree ... Respondent/Respondent (Minor 2^nd Respondent represented by his Mother and natural guardian, the 1^st Respondent)

PRAYER :-

To withdraw and transfer the case in M.C.No.21/2023 on the file of the Family Court, Theni to the file of any other competent court having jurisdiction to try the same in any district and consequently direct the transferee court to dispose the same in a manner known to law.

For Petitioner : M/s.Jerin Mathew.M, Advocate.

For Respondent : Mr.A.Dharani for R1

ORDER

This petition has been filed to withdraw and transfer the case in M.C.No.21 of 2023 on the file of the Family Court, Theni, to the file of any other competent Court having jurisdiction to try the same in any district and consequently, direct the transferee Court to dispose the same in a manner known to law.

2. According to the petitioner, he is a practicing advocate before the Judicial Magistrate Court, Theni, and he got married with the first respondent and due to misunderstanding between them, both are living separately from 2016 onwards. Thereafter, the first respondent had lodged several complaints against the petitioner and other persons in Crime Nos.1144 of 2018, 246 of 2019, 247 of 2019, 39 of 2022 and 97 of 2022 and the same are pending before the learned Judicial Magistrate, Bodi in C.C.Nos. 76, 237, 393, 310 and 284 of 2022. Apart from that, the first respondent had also filed D.V.C.No.28 of 2022 before the Judicial Magistrate Court, Bodinayakkanur, Theni, and the same is also pending. While so, a case in Crime No.2690 of 2020 was registered against the petitioner and another advocate for the offences under Sections 464, 465, 468, 471 r/w 109 of IPC with false allegations at the behest of the some of the bar members and they also supported the first respondent and also made a false complaint against the petitioner as if he had produced false certificate for the purpose of getting surety and the same is pending. The petitioner also tried to settle the matter amicably. But, the members of the bar are against the petitioner and also given the above-said complaint, and though the petitioner is contesting the said case before the learned Judicial Magistrate, Bodinayakanur, Theni, he cannot conduct the case in a fair and proper manner since the members of the bar have influence in the above said case and acted against the interest of the petitioner. Earlier, several advocates joined together and made a complaint against the petitioner before the Bar Council of Tamil Nadu and pursuant to the same, notice was also served upon him and he also given a explanation and thereafter, the same was closed. Enraged because of failure and closure of the complaint lodged before the Bar Council of Tamil Nadu, to wreak vengeance, the advocates were influencing and interfering with the conducting of the case. Therefore, the case in M.C.No.21 of 2023 on the file of the Family Court, Theni, has to be withdrawn and transferred to some other Courts.

3. The learned counsel appearing for the first respondent would submit that there is a dispute between the petitioner and the first respondent and due to which, so many cases were registered against the petitioner, based on the complaint lodged by the first respondent and also a case in Crime No.2690 of 2020 is pending for the production of false certificate. In all cases, when the petitioner appears before the Court, the members of the Bar neither influence the Court nor cause disturbance to the smooth conducting of the case, a