A. Balaji v. Srividya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.11.2025 Coram:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.R.P.No.257 of 2024 and C.M.P.No.1224 of 2024

1. A.Balaji

2. P.Arumugam

3. A.Prema

4. Sathya .. Petitioners Vs.

Srividya .. Respondent PRAYER: This Civil Revision Petition has been filed under Article 227 of the Constitution of India to call for records in D.V.C.No.104 of 2022 on the file of the Judicial Magistrate II, Puducherrry and strike off the petition. For petitioners :

Mr.G.Ranganathan For respondent :

Mr.P.Suresh *****

ORDER

The Civil Revision Petition is filed challenging the complaint preferred by the respondent under the provisions of the Domestic Violence Act.

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The respondent/wife filed Domestic Violence complaint against her husband and parents-in-law, who are the petitioners herein. Aggrieved by the issuance of process in the domestic complaint preferred by the respondent/wife, the petitioners have come before this Court. The revision has been filed mainly on the ground that the allegations made by the respondent against the petitioners are false and the same cannot be the basis for issuance of process by the Magistrate. The Hon'ble Full Bench of this Court, in the case of Arul Daniel and Others Versus Suganya, reported in (2022) SCC Online Mad 5435, held that any person aggrieved by the process issued by the Magistrate can go before the very same Magistrate and raise preliminary objections with regard to the issues like existence of a shared household/ domestic relationship etc.

, If any order is passed, the aggrieved person can also take recourse to an appeal under Section 29 of the Domestic Violence Act. The relevant portion reads as follows:- "87(vii). As there is no issuance of process as contemplated under Section 204, Cr.P.C. in a proceeding under the D.V. Act, the principle laid down in Adalat Prasad v. Rooplal Jindal ((2004) 7 SCC 338) that a process, under Section 204, Cr.P.

be reviewed or recalled, will not apply to a proceeding under the D.V. Act. Consequently, it would be open to an aggrieved respondent (s) to approach the Magistrate and raise the issue of maintainability and other preliminary issues. Issues like the existence of a shared household/domestic relationship etc., which form the jurisdictional basis for entertaining an application under Section 12, can be determined as a preliminary issue, in appropriate cases. Any person aggrieved by such an order may also take recourse to an appeal under Section 29 of the D.V. Act for effective redress (See V.K. Vijayalekshmi Amma v. Bindu V., (2010) 87 AIC 367). This would stem the deluge of petitions challenging the maintainability of an application under Section 12 of the D.V. Act, at the threshold before this Court under Article 227 of the Constitution."

In view of the categorical pronouncement of law by the Full Bench of this Court that a person aggrieved by issuance of process can very well approach the concerned Judicial Magistrate seeking to strike off the Domestic Violence complaint, this Court is not inclined to exercise its supervisory power under Article 227 of the Constitution of India as held by the Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019.

Accordingly, the Civil Revision Petition is dismissed with 3/5

liberty to the petitioners to approach the very same Judicial Magistrate seeking to strike off the Domestic Violence complaint. If any such application is filed and preliminary issue with regard to the maintainability of the petition against revision petitioners is raised, the Judicial Magistrate shall consider and dispose of the same as expeditiously as possible. No costs. Consequently, the connected civil miscellaneous petition is closed. The complaint preferred by the respondent under Section 12 of Domestic Violence Act is predominantly civil in nature and therefore, this Court is inclined to dispense with the personal appearance of the petitioners before the learned Magistrate unless their presence is absolutely necessary. 11.11.2025 Speaking Order / Non Speaking Order : Yes/No cgi To The Judicial Magistrate II, Puducherrry.

S.SOUNTHAR, J.

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C.R.P.No.257 of 2024 and C.M.P.No.1224 of 2024 11.11.2025 5/5