R.Srinivasan v. Ezhil Srinivasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRP No. 546 of 2023 and CMP.No.4452 &4450 of 2023 R.Srinivasan Flat No.2, Mahalakshmi Apartment, III Main Road, Kasthuri Nagar, Adayar, Chennai - 600020.

...Petitioner/Respondent

Vs Ezhil Srinivasan Flat No.2, Mahalakshmi Apartment, III Main Road, Kasthuri Nagar, Adayar, Chennai - 600020.

...Respondent/Petitioner

PRAYER This Civil Revision Petition is filed under Article 227 of Constitution of India-1950, praying to call for the records pertaining to the petition in D.V.C.No.103 of 2022 pending on the file of the IX Metropolitan Magistrate Court at Saidapet, and quash the same.

For Petitioner(s):

Mr.G.Kartheeban For Respondent(s):

Mr.M.Velan

ORDER

This Civil Revision Petition has been filed praying to call for the records relating to the proceedings in D.V.C.No.103 of 2022 on the file of the IX Metropolitan Magistrate Court at Saidapet, pending disposal and quash the same.

2. The Revision Petitioner/husband is the respondent in DVC.No.103 of 2022 filed by the Respondent/wife seeking protection under Section 18, Residence under Section 19 and monetary relief under Section 20 of the Domestic Violence Act-2005.

3. Mr.G.Kartheeban, learned Counsel on record for the Revision Petitioner would submit that the petitioner has not committed any domestic violence against the respondent as described in the petition and he is aged about 44 years. Hence, he seeks relief as prayed for.

4. Per contra, Mr.M.Velan, learned counsel for the respondent would submit that the Revision Petitioner has committed domestic violence against the respondent. Hence, there is no need to quash the DVC.No.103 of 2022 and prays to dismiss the Civil Revision Petition.

5. Having considered the facts and circumstances of the case and submissions made on either side and perused the records, it is seen that the respondent herein has filed DVC.No.103 of 2022 against her husband/Revision Petitioner herein. As of now, the said DVC.No.103 of 2022 is at the stage of Trial which is pending since 2022 before the IX Metropolitan Magistrate Court, Saidapet. Hence, this Court is not inclined to quash the same.

6. However, this Court is of the view that the presence of the Revision Petitioner is not necessary unless the Trial Court specifically directs him to appear. Hence, this Court directs the learned IX Metropolitan Magistrate Judge, Saidapet not to insist on the presence of the Revision Petitioner at every hearing except his presence deemed necessary for progress of the proceedings. In other words, the personal appearance of the Revision Petitioner before the IX Metropolitan Magistrate Judge, Saidapet, stands dispensed with.

7. Considering the age of the Revision petitioner, the Trial Court is hereby directed to dispose of the case in DVC.No.103 of 2022 expeditiously as early as possible.

8. With the aforesaid observations, the Civil Revision Petition is dismissed. Considering the facts and circumstances of the case, there shall be no order as to costs. Consequently, connected Civil Miscellaneous Petitions are closed.

10-12-2025 Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The IX Metropolitan Magistrate Court, Saidapet, Chennai-600 015.

R.SAKTHIVEL, J.

jai CRP No. 546 of 2023 10-12-2025