Kamakodi v. Vinodhini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.Nos.9469 and 9470 of 2025 1.Kamakodi 2.Venkatesan 3.Balasubramaniyan 4.AmuthaBalasubramaniyan 5.Rajendran 6.KumuthaRajendran 7.ShanthiChowthri 8.Sangeethajayam Arul 9.Thangamani 10.Aalayamani ... Petitioners Vs.

Vinodhini

...Respondent

PRAYER:

Civil Revision Petition filed Article 227 of Constitution of India, praying to striking of the petitioners name in DVC.No.5 of 2024 pending on the file of the learned District Munsif cum Judicial Magistrate Court, Tiruvennainallur, Villupuram District.

For Petitioners :Mr.U.Karunakaran For Respondent :No Appearance 1/6

ORDER

The Civil Revision petition is filed seeking to quash the proceedings initiated by the respondent under the provisions of Domestic Violence Act.

2. The learned counsel appearing for the petitioner submits that there is no existence of shared household/domestic relationship etc., in respect of the petitioners and hence the complaint preferred by the respondent was abuse of process of Court.

3. The Full Bench of this Court in the case of Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435 held that any person aggrieved by the process issued by the Magistrate can go before the very same Magistrate and raise preliminary objections with regard to the issues like existence of a shared household/ domestic relationship etc., If any order is passed, the aggrieved person can also take recourse to an appeal under Section 29 of the Domestic Violence Act. The relevant portion reads as 2/6

follows:- 87(vii). As there is no issuance of process as contemplated under Section 204, Cr.P.C. in a proceeding under the D.V. Act, the principle laid down in Adalat Prasad v. Rooplal Jindal ((2004) 7 SCC 338) that a process, under Section 204, Cr.P.C, once issued cannot be reviewed or recalled, will not apply to a proceeding under the D.V. Act. Consequently, it would be open to an aggrieved respondent (s) to approach the Magistrate and raise the issue of maintainability and other preliminary issues. Issues like the existence of a shared household/domestic relationship etc., which form the jurisdictional basis for entertaining an application under Section 12, can be determined as a preliminary issue, in appropriate cases. Any person aggrieved by such an order may also take recourse to an appeal under Section 29 of the D.V.

Act for effective redress (See V.K. Vijayalekshmi Amma v. Bindu V., (2010) 87 AIC 367). This would stem the deluge of petitions challenging the maintainability of an application under Section 12 of the D.V. Act, at the threshold before this Court under Article 227 of the Constitution.

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4. In view of the availability of effective alternative remedy to the petitioner before the concerned Magistrate and also further remedy before Sessions Court under Section 29 of the Domestic Violence Act, this Court is not inclined to exercise supervisory power under Article 227 of the Constitution of India. The Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019, held that availability of remedy before regular Courts is a near total bar to exercise the supervisory power under Article 227 of Constitution of India. Hence, I am not inclined to interfere in revision.

5. Accordingly, the Civil Revision petition stands dismissed with liberty to the petitioner to move the concerned Magistrate as held by Full Bench in Arul Daniel case. No costs. Consequently, connected miscellaneous petition is closed.

6. The complaint preferred by the respondent seeking various orders under Sections 18 to 22 of Domestic Violence Act are predominantly 4/6

civil in nature and therefore, this Court is inclined to dispense with the personal appearance of the petitioner before the learned Magistrate unless their presence is absolutely necessary.

31.10.2025 Index : Yes / No Internet : Yes / No ub To The District Munsif cum Judicial Magistrate Court, Tiruvennainallur, Villupuram District.

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S.SOUNTHAR , J.

ub 31.10.2025 6/6