P.Dinesh v. S.Hari Priya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and C.M.P.No.18998 of 2025 1.P.Dinesh 2.Malliga 3.Priya 4.Pushpalatha ... Petitioners vs.
S.Hari Priya ...
Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the petition in D.V.C.No.61 of 2024 pending on the file of XVI Metropolitan Magistrate Court, George Town, Chennai and allow the above Civil Revision Petition. For Petitioners : Mr.B.Ullasavelan 1/6
O R D E R
The Civil Revision Petition is filed seeking to strike off the complaint preferred by the respondent/wife against the petitioners under the provisions of the Protection of Women from Domestic Violence Act, 2005 in D.V.C.No.61 of 2024 on the file of XVI Metropolitan Magistrate Court, George Town, Chennai.
2. The learned counsel appearing for the petitioners would submit that there is no specific averment made in the complaint against the petitioners and inspite of the same, the learned XVI Metropolitan Magistrate Court, George Town, Chennai, mechanically issued process to the petitioners. Hence, the complaint preferred by the respondent against the petitioners shall be struck off.
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 Judicial Magistrate can go before the very same Judicial Magistrate and raise preliminary objections with regard to the issues like existence of a shared household/domestic 2/6
relationship etc. If any order is passed, the aggrieved person can also take recourse to an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005. The relevant portion reads as 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 categorical pronouncement of law by the Full Bench of this Court that a person aggrieved by issuance of process can very well approach the concerned Judicial Magistrate raising preliminary issues and hence, this Court is not inclined to exercise its supervisory power under Article 227 of the Constitution of India. When petitioners have remedy before Regular Magistrate, as held by the Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019, this Court need not exercise it's supervisory jurisdiction.
5. Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioners to approach the very same Metropolitan Magistrate raising preliminary issues. If any such application is filed and preliminary issue with regard to the maintainability of the petition against revision petitioners is raised, the XVI Metropolitan Magistrate Court, George Town, Chennai shall consider and dispose of the same as expeditiously as possible.
6. The complaint preferred by the respondent seeking various orders under Section 12 of the Protection of Women from Domestic Violence Act, 4/6
2005, are predominantly civil in nature and therefore, this Court is inclined to dispense with the personal appearance of the petitioners before the XVI Metropolitan Magistrate Court, George Town, Chennai, unless their presence is absolutely necessary. No costs. Consequently, the connected civil miscellaneous petition is closed.
10.12.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To The XVI Metropolitan Magistrate Court, George Town, Chennai.
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S.SOUNTHAR, J.
dm 10.12.2025 6/6