Mohammed Hussain v. Shireen Banu

T.V.THAMILSELVI, J.

This matter is taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the revision petitioners.

2. The learned counsel for Revision Petitioner would submit that this Court by an order dated 22.12.2023 dismissed the above C.R.P.. However, the learned counsel would submit that in para 7 of the order, this Court dispensed with personal appearance of 2nd revision petitioner only. Hence, he prayed to dispense with personal appearance of 1st petitioner also. Accordingly, the matter is listed today.

3. Considering his submissions, in para 7 of the order shall be substituted as follows :- "7. The Hon'ble Full Bench has reiterated the legal position that the proceedings under the Domestic Violence Act are civil in nature and as such, the respondents in the Domestic Violence complaint cannot be considered as accused and there is absolutely no need or necessity for them to appear for each and 1/3

every hearing before the learned Magistrate. Hence, the learned Judicial Magistrate is directed not to insist the appearance of the revision petitioners on every hearings, but at the same time, the learned Magistrate is at liberty to direct the revision petitioners to appear if their appearance is necessary. "

4. Registry is directed to incorporate above correction in the Order of this Court in C.R.P.No. 4828 of 2023 dated 22.12.2023 and issue fresh order copy to the Revision Petitioner.

05.01.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.R.P. No. 4828 of 2023 05.01.2024 3/3