Devi @ Abi Srutiram, v. P.Anbarasan,

ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶2The petitioner seeks the transfer of HMOP.No.438 of 2018, pending before the Sub Court, Tambaram.

¶3As rightly contended by the learned counsel for the respondent, it appears to be some misunderstanding between the petitioner and his counsel, which cannot be a ground for seeking the transfer of the proceedings to a different court. Though the petitioner has vaguely stated that she would not get justice before the court at Tambaram, the said apprehensions are vague and not substantiated by any reason, even in the affidavit. Therefore, I do not find any merits in seeking the transfer of the HMOP proceedings.

¶4The learned counsel for the respondent would invite my attention to the fact that the OP has been pending since 2018, and earlier proceedings were initiated in 2011, and hence, he seeks an expeditious disposal of HMOP.No.438 of 2018.

¶5The grievance of the petitioner is that the counsel engaged by her is refusing to give a change of vakalat. The law contemplates a procedure in such matters to enable the litigant to get back the papers, and without resorting to the same, the petitioner cannot approach this Court on that ground and seek a transfer.

¶6Learned counsel for the petitioner states that the petitioner has requested for change of vakalat to be given. It is also brought to my notice that the petitioner herself is an advocate and therefore suitable directions may be given permitting the petitioner to either appear in person or engage a counsel without the Court insisting for change of vakalat. The said request appears to be reasonable. Hence, the petitioner is permitted to appear in person or engage a counsel of her choice, in the HMOP.No.438 of 2018 before the Sub Court, Tambaram, in the event of the counsel on record not coming forward to give a change of vakalat. This concession is being shown only because the proceedings are matrimonial in nature.

¶7In view of the above, the Sub Court, Tambaram, shall expedite the hearing of HMOP and dispose of the same within a period of four months from the date of receipt of a copy of this order. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

25.07.2025

Speaking/Non-speaking : Yes/No Index : Yes / No jas To

¶1The Sub Court, Tambaram.

¶2The Family Court, Chennai.

¶3The Section Officer, V.R.Section, High Court, Madras. P.B. BALAJI,J. jas Tr.CMP.No.599 of 2025 and CMP.No.14612 of 2025

25.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.07.2025 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI Tr.CMP.No.599 of 2025 and CMP.No.14612 of 2025 Devi @ Abi Srutiram ... Petitioner Vs. 1.P.Anbarasan 2.Sarath Kumar ... Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw and transfer the HMOP.No.438 of 2018 on the file of Sub Court, Tambaram to the file of the Family Court, Chennai. For Petitioner : Mr.K.Selvaraj For Respondents : Mr.G.Murugendran