K.Sogaaraman v. K.B.Uma

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.Nos.23330 and 23333 of 2024

1. K.Sogaaraman

2. Kumarasamy

3. Kantha

4. Dhanalakshmi .. Petitioners

Versus

K.B.Uma .. Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to quash the proceedings in D.V.C.No.17 of 2022 against the petitioners pending on the file of the Judicial Magistrate Court, Gudiyattam, Vellore district.

For Petitioners : Mr.G.Vinodh Kumar

ORDER

A Full Bench of this Court in Arul Daniel and Ors. Vs. Suganya, 2022 SCC OnLine Mad 5435, held that in case, a party feels that he has been impleaded unnecessarily in Domestic Violence proceedings, his 1/4

remedy is to move an application for striking off his name from the array of the parties. The petitioners are at liberty to avail the said remedy.

2. The second petitioner is the father-in-law, who is aged about 75 years, the third petitioner is the mother-in-law, who is aged about 60 years and the fourth petitioner is the sister-in-law, who is married and separated from first petitioner and is aged about 47 years. Considering the relationship between the petitioner Nos.2 to 4 and the respondent, their appearance before the learned Judicial Magistrate dealing with Domestic Violence Act at Gudiyatham, is dispensed with. They shall however be represented by a Counsel on all the hearing dates. They shall appear before the Court below as and when they are so directed by the learned Magistrate or when their appearance is essential.

3. With the above observations, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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Index : yes/no Speaking order/Non-speaking order : yes/no grs To The Judicial Magistrate, Gudiyatham.

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V.LAKSHMINARAYANAN, J.

grs and C.M.P.Nos.23330 and 23333 of 2024 22.10.2024 4/4