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Madras High CourtCRP/1544/2023disposed of

S.M.Kiruthika v. Arulkumar

2023-06-05Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2023

CORAM:

THE HONOURABLE Dr.JUSTICE D.NAGARJUN S.M.Kiruthika ... Petitioner Vs.

1.Arulkumar 2.S.Appavu 3.Thangammal ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Special Court for Trial of Domestic Violence Act Cases, Coimbatore to number the unnumbered Crl.M.P CFR No.337 of 2022 in D.V.A.No.261 of 2019 instead of returning the petition dated 28.06.2022.

For Petitioner :

Mr.V.Anandhamoorthy

O R D E R

This Revision Petition is filed, aggrieved by the return endorsement dated 04.07.2022 of the Special Court for Trial of Domestic Violence Act

Cases, Coimbatore returning the petition filed under Section 5 of Limitation Act in D.V.A.No.261 of 2019.

2. According to the learned counsel for the petitioner, the petitioner could not participate in the enquiry of D.V.A.No.261 of 2019 and the same was accordingly disposed of on 21.09.2021 and subsequently, the petitioner has filed restoration petition for restoration of D.V.A.No.261 of 2019 with a petition to condone the delay in filing the petition for restoration, however, said petition was returned with some objections. The petitioner without even resubmitting the petition has approached this Court with a revision.

3. Considering the circumstances, this petition is disposed of with a direction to the petitioner to resubmit the petition before the learned Special Court for Trial of Domestic Violence Act Cases, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order and thereafter, on such filing, the learned Special Court for Trial of Domestic Violence Act Cases, Coimbatore is directed to dispose of the said petition in accordance with law. No Costs.

4. Registry is directed to return the original records on substitution with the photocopies.

05.06.2023 Index :Yes/No Internet:Yes/No ab To 1.The Special Court for Trial of Domestic Violence Act Cases, Coimbatore.

2.The Section Officer, V.R.Section, High Court of Madras.

Dr.D.NAGARJUN, J.

ab 05.06.2023