Lakshmi v. Uma Maheswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.2580 of 2024 and CMP.No.13515 of 2024 1.Mrs.Lakshmi 2.Mr. Chinna Pappanna 3.Mrs.Venkata Lakshmi 4.Mr.Krishnappa 5.Mrs.Kanaga 6.Mr.Venkatappa ... Petitioners Vs.

1.Mrs.Uma Maheshwari 2.P.Srinivasan ... Respondents Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records and quash the proceedings in D.V.No.1/2024 on the file of the learned Judicial Magistrate No.1, Hosur, Krishnagiri District in so far as petitioners alone and to pass any other suitable orders as this Hon'ble Court may deem fit. For Petitioner : M/s.M.P.Saravanan For Respondent : M/s.K.Sharath Chandran for R.1 : R.2 served - No appearance 1/4

O R D E R

The respondents 2 to 7 in a Domestic Violence Petition have approached this court to strike off the proceedings against them.

2. Heard the learned counsel for the petitioners and the learned counsel for the 1st respondent and perused the records.

3. The only ground on which the petitioners seek to challenge the Domestic Violence proceedings is that the 1st respondent/complainant was not in a shared household with the petitioners. However, a perusal of the contents of the complaint would clearly set out the various averments made by the complainant against the petitioners herein. No doubt, these averments have to be proved. However, since the petition before this Court is to strike off the complaint, the Court has to only look into the contents of the complaint. The complainant has prima facie made out a case of domestic violence which ultimately has to be proved by her through evidence. The complaint, therefore, cannot be thrown out at the threshold. Therefore, the Civil Revision Petition is dismissed. 2/4

However, taking into account the fact that the petitioners are senior citizens, their presence is dispensed with on all hearings except for adducing evidence.

No costs. Consequently, the connected Miscellaneous Petition is closed.

04.04.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Judicial Magistrate No.1, Hosur, Krishnagiri District 3/4

P.T. ASHA . J., (shr) CRP.(PD).No.2580 of 2024 and CMP.No.13515 of 2024 04.04.2025 4/4