S.R. Vijaysampath v. Mahalakshmi

C.M.P.No. 6558 of 2023 in Tr.C.M.P. No. 253 of 2023 T.V. THAMILSELVI, J.

This petition has been filed seeking to dispense with the personal appearance of petitioners in D.V.C.No.11 of 2022 on the file of learned Judicial Magistrate-II, Kulithalai, Karur Dt.

2. Today, when the matter taken up for hearing, Mr.T.Elumalai, learned counsel for petitioner would submit that the 1st petitioner has met with an accident, thereby he is suffering with grievous injuries and the 2nd petitioner is mother of 1st petitioner, who was aged about 60 years and she is widow and she is a senior citizen, suffering with lot of illness. Moreover, she is no way aware and involved in any of affairs between the 1st petitioner and the respondent, however, she was wantedly included in the said false DVC complaint. Hence, he prayed to dispense with their appearance before the trial court.

1\3

3. On bare perusal of records and on considering the reasons assigned by him, this Court is inclined to dispense with only the appearance of 2nd petitioner, aged about 62 years, before the D.V.C. Proceedings, but she shall appear before the lower court as and when required as per manner known to law. Accordingly, this Civil Miscellaneous Petition is partly allowed and so far as 1st petitioner is concerned, this Civil Miscellaneous Petition is dismissed.

4. Furthermore, the 1st petitioner is directed to pay a sum of Rs.6000/- (Rupees six thousand only) as interim maintenance to the little children until it is modified by the court of law without fail on every 1st week of English calender month, failing which, the dispense with the appearance of 2nd petitioner shall automatically vacated. 27.03.2023 rpp 2\3

T.V.THAMILSELVI, J.

rpp C.M.P.No. 6558 of 2023 in Tr.C.M.P. No. 253 of 2023 27.03.2023 (2/2) 3\3