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Madras High CourtCRP/1384/2021dismissed

R.J.Dinesh Charan v. N.Rajapriya

2021-07-26Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2021 Coram The Hon'ble Mr. Justice C.V.KARTHIKEYAN C.R.P.No.1384 of 2021 and C.M.P.Nos.10387 &11247 of 2021 1.R.J.Dinesh Charan 2.R.Jayaraman 3.S.Uma Maheswari 4.R.J.Leka Harshini ... Petitioners / Respondents Vs N.Rajapriya ... Respondent / Petitioner Civil Revision Petitions filed under Article 227 of the Constitution of India, to quash the proceedings in the Domestic Violence Petition in D.V.No.7 of 2020 on the file of the Judicial Magistrate - I, Tambaram.

For Petitioners ..

Mr.D.S.Ramesh For Respondent ..

No appearance

ORDER

This Revision Petition has been filed questioning the continuation of proceedings in D.V.No.7 of 2020 now pending on the file of the Judicial Magistrate - I Court, Tambaram. 2.Heard Mr.D.S.Ramesh, learned counsel for the revision petitioners.

3.The 1st revision petitioner is the husband. The 2nd and 3rd revision petitioners are the parents of the 1st revision petitioner and the 4th revision petitioner is the sister of the 1st revision petitioner.

4.It appears that the marriage between the 1st revision petitioner and the respondent was solemnized on 21.01.2019. Thereafter, there had been continuous complaints which had been levied with respect to demand of gold jeweleries prior to the marriage. It was also stated that two days prior to the wedding the 1st revision petitioner had apparently sent a message through

Watsapp to stop the marriage. However, the marriage went through on 21.01.2019 and a reception was also held.

5.It is also seen that even subsequent to the marriage the relationship was not a smooth affair and there were continuous complaints levied as against the 1st revision petitioner by the respondent.

6.The respondent is an Auditor working in Ashok Leyland. The 1st revision petitioner is an Engineering Graduate working in an IT Company. Various allegations had been levied by the respondent herein as against the revision petitioners, on the basis of which a complaint had been taken on file as D.V.No.7 of 2020 by the Court of Judicial Magistrate No.I, Tambaram. 7.Mr.D.S.Ramesh, learned counsel for the revision petitioners stated that a reading of the complaint would reveal that there are no allegations raised against the 2nd, 3rd, and 4th revision petitioners. It is also stated that the 2nd and 3rd revision petitioners are senior citizens and the 4th revision petitioners is a Medical Professional. It is stated by the learned counsel, it would not be proper to expect them to appear before the Court of Judicial Magistrate No.I, Tambaram and the learned counsel also prayed that the Court should grant an order to dispense with the appearance of the 2nd, 3rd, and 4th revision petitioners before the said Court.

8.However, the learned Judicial Magistrate No.I, Tambaram, is the Court of first instance who has to examine all the facts, particularly, the issues raised by the respondent herein. For that purpose, assistance is also given in the form of a report furnished on enquiry by the authorities and thereafter, if the learned Judicial Magistrate I, Tambaram, is of the opinion that no cause is made out as against the 2nd, 3rd, and 4th revision petitioners herein, a judicial order can very well be passed. The petitioners herein would necessarily have to approach the Magistrate Court and thereafter, file necessary application raising their grievances particularly, that no allegations had been levied against the 2nd, 3rd, and 4th revision petitioners. 9.I would not interfere with the continuation of D.V.No.7 of 2020.

However, I would give liberty to the 2nd, 3rd, and 4th revision petitioners to file necessary application to consider the allegations which had been raised against them and if there are no allegations, delink them as parties to D.V.No.7 of 2020. Additional liberty is granted to file necessary application seeking exemption from appearance and if such application is filed, I am confident that the learned Judicial Magistrate I, Tambaram, would examine the same in true spirit and give such liberty.

10.With the above observations, the Civil Revision Petition is dismissed. No order as to costs. Consequently, the connected Civil Miscellaneous Petitions are closed.

11.It is also stated by the learned counsel that all the jewels of the respondent have been returned and therefore, there is no cause for the respondent to continue with the proceedings as against the the 2nd, 3rd, and 4th revision petitioners. The said revision petitioners may also state such averment before the learned Judicial Magistrate I, Tambaram.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar smv To:- The Judicial Magistrate No.I, Tambaram.

Copy to:

The Section Officer, VR Section, High Court,Madras. +1cc to M/s.D.S.Ramesh, Advocate SR.No. 35655 C.R.P.No.1384 of 2021 AJS(CO) B.VC(23.08.2021)(01/09/2021)