K. Kavitha v. D. Malathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN CRP No.4046 of 2024 & CMP.Nos.22249 & 22250 of 2024 K.Kavitha : Petitioner versus D.Malathi : Respondent Prayer: Petition filed under Article 227 of the Constitution of India to call for the entire records in pursuant to D.V.C.No.7 of 2023 on the file of the learned Judicial Magistrate, Arni, Thiruvannamalai District and quash the same.

For Petitioner : Mr.G.Shanmugam

ORDER

This civil revision petition seeks to quash DVC.No.7 of 2024 on the file of the Judicial Magistrate, Arni, Thiruvannamalai District as against the

petitioners herein.

2. The civil revision petitioner is the sister-in-law of the respondent.

3. A Full Bench of this Court in Arul Daniel v. Suganya, (2022) 2 LW (Cri) 801 (FB) has held that if the parities to the domestic violence case feel that they have been unnecessarily impleaded as parties in the proceedings, then the appropriate remedy for them is to move an application for striking their name off from the array of parties before the very court. It also observed that the revision under Article 227 of the Constitution of India should not be entertained as course.

4. Since the petitioner has the remedy that has been given by the Full Bench, this civil revision petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

5. At this stage, Mr.G.Shanmugam pleads that the petitioner is a permanent resident of Chennai and is finding it difficult to attend the

proceedings at Tiruvannamalai. Taking into consideration the fact that the petitioner is a lady, her presence is dispensed with for every non essential and procedural hearing. She shall enter appearance whenever her presence is indispensable.

03.10.2024 nl Index : Yes/No Speaking Order/Non speaking order : Yes/No To The Judicial Magistrate, Arni, Thiruvannamalai District

V.LAKSHMINARAYANAN, J.

nl 03.10.2024