Christopher Raj v. Sukanya Jasmine

DATED: 19-11-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No.712 of 2025 and CMP No.4068 of 2025

1. Christopher Raj 2 . Dorothy ... Petitioner(s) Vs.

1 . Sukanya Jasmine 2 . Minor C.Judith rep. By mother and guardian Mrs.P.Sukanya Jasmine 3 . Charles Abraham ... Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order of Judicial Magistrate, Special Court for Trial of Domestic Violence Cases, Coimbatore dated 21.09.2024 in CMP No.22678 of 2024 in DVC No.164 of 2024.

For Petitioner(s):

Mr..J.Antony Jesus For Respondent(s) : Mr.N.Ponraj for R1 and R2. Mr.A.K.Dayalakannan for R3

for Mr.S.Kalimuthu Mylavan

ORDER

This civil revision petition is filed challenging the order passed by the learned Magistrate dismissing the application filed by the petitioners/ parents in-law of the first respondent, seeking strike off their name in the complaint preferred by the first respondent under the provisions of the Domestic Violence Act.

2. As per the law laid down by the Full Bench of this Court in Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435, the petitioners have got remedy to file an appeal before the jurisdictional Sessions Judge, under Section 29 of the DVC Act, as against the impugned order passed by the Magistrate. Therefore, inview of the availability of the alternative remedy to the petitioners, this court is not inclined to exercise its

supervisory jurisdiction, as per the law laid down by the Hon'be Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019.

3. Accordingly, this civil revision petition is dismissed with liberty to the petitioners to approach the jurisdictional Sessions Judge seeking remedy. There shall be no order as to costs. Connected miscellaneous petition is closed.

4. The petitioners are entitled to exclude the period taken by them to prosecute this civil revision petition before this court i.e. from 28.01.2025 to the date of receipt of copy of the order of this civil revision petition, while calculating limitation, for the purpose of filing an appeal under Section 29 of DVC Act.

19.11.2025 Internet: yes Index: Yes/No MST

To The Judicial Magistrate, Special Court for Trial of Domestic Violence Cases, Coimbatore

S.SOUNTHAR, J.

MST CRP No.712 of 2025

19.11.2025