N. Joseph Victor Prem Kumar v. Jenipha Kingslin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 1286 of 2023 and CMP No. 8651 of 2023 1.N.Joseph Victor Prem Kumar 2.T.Abraham Nagarajan 3.Esther Hilda Abraham 4.Samuel 5.Jancy Samuel

...Petitioners

Vs.

Jenipha Kingslin ....Respondent PRAYER : This petition filed under Article 227 of the Constitution of India, to quash the Domestic Violence Complaint in D.V.C No.122 of 2022 before the learned Judicial Magistrate No. I, Pondicherry. For Petitioners : Ms.H.Mary Sowmi Rexi For Respondent: Mr.J.Aravind

ORDER

These petitions have been filed to quash the Domestic Violence

Complaint in D.V.C No.122 of 2022 before the learned Judicial Magistrate No. I, Pondicherry.

2. The respondent herein filed DVC No. 122 of 2022 on the file of the Judicial Magistrate No.I, Pondicherry against the petitioners herein. Hence, the petitioners filed this petition to quash the DVC proceedings.

3. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

4. Considering the above, the petitioners are entitled to approach the concerned Magistrate Court itself and raise the issue of maintainability and other preliminary issues and if such an application is filed, the learned Magistrate shall decide the same on merits as per the decision of the Hon'ble Supreme Court in Kunapareddy @ Nookala Shanka Balaji Vs. Kunapareddy Swarna Kumari and another reported in (2016) 11 SCC 774.

5. On considering the entire facts and circumstances, this Court is of the clear view that the petitioners have not shown any legal ground or reason to quash the complaint and hence, this Court concludes that the Civil Revision is devoid of merits and the same is liable to be dismissed.

6. Regarding the petitioner's prayer for dispensing with his personal appearance, it is necessary to refer the following direction in Arul Daniel's case above referred, "76. .....

iv. Personal appearance of the respondent(s) shall not be ordinarily insisted upon, if the parties are effectively represented through a counsel. Form VII of the D.V. Rules, 2006, makes it clear that the parties can appear before the Magistrate either in person or through a duly authorized counsel. In all cases, the personal appearance of relatives and other third parties to the domestic relationship shall be insisted only upon compelling reasons being shown. (See Siladitya Basak v. State of West Bengal (2009 SCC OnLine Cal 1903)."

7. The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence Act are civil in nature and as such, the respondents in the Domestic Violence complaint cannot be considered as accused and there is absolutely no need or necessity for them

to appear for each and every hearing before the learned Magistrate. Hence, the learned Judicial Magistrate is directed not to insist the appearance of the petitioner on every hearings, but at the same time, the learned Magistrate is at liberty to direct the petitioner to appear if her appearance is necessary.

8. With the above observation and direction, this Civil Revision Petition is disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

18.12.2023 pbl To

1. The Judicial Magistrate No. I, Pondicherry.

T.V.THAMILSELVI,J.

Pbl CRP No. 1286 of 2023 and CMP No. 8651 of 2023 18.12.2023