Loganathan v. R Rajalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Civil Revision Petition No.4119 of 2024 and C.M.P.Nos.22591 & 22592 of 2024 1.Loganathan 2.Jeevarathnam @ Rathna 3.Vasanth Kumar ..... Petitioners -Versus1.R.Rajalakshmi 2.A.L.Sathish Kumar ..... Respondents Petition filed under Article 227 of the Constitution of India, praying to call for the records in relation to the D.V.A.C.No.118 of 2024 on the file of the Special Court for Trial of Domestic Violence Act Cases, Coimbatore, and to quash the same.

For Petitioner(s) : Mr.K.Sathish Kumar

ORDER

This civil revision petition seeks to strike off the case in D.V.A.C.No.118 of 2024 pending on the file of the Special Court for Trial of

Domestic Violence Act Cases, Coimbatore, Coimbatore District.

2. A Full Bench of this Court in Arul Daniel v. Suganya [2022 SCC OnLine Mad 5435] has held that a party, if he/she feels that they have been unnecessarily impleaded to the proceedings initiated under the provisions of the Protection of Women from Domestic Violence Act, 2005, the appropriate procedure is not to approach the High Court directly under Article 227 of the Constitution of India. The Full Bench has given a mechanism by which the grievance of such aggrieved party can be addressed. The Full Bench has held that such aggrieved person has to move an application for striking off from the array of parties invoking Section 25 r/w Section 28(2) of the Protection of the Women from Domestic Violence Act, 2005.

Leaving it open to the civil revision petitioner to adopt the appropriate remedy as enunciated by the Full Bench of this Court, this civil revision petition is dismissed. No costs. Consequently, connected CMPs are closed. Index : yes / no : yes / no kmk

To

1. Special Court for Trial of Domestic Violence Act Cases, Coimbatore,

V.LAKSHMINARAYANAN.J., kmk