Samusudeen v. Idul Marilya @ Jakeera
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.No.28958 of 2025 1.Samusudeen 2.Ameen Begum 3.Ashwathulla ... Petitioners Vs.
Idul Marilya @ Jakeera
...Respondent
PRAYER:
Civil Revision Petition filed Article 227 of Constitution of India, praying to call for the records in D.V.C.No.9 of 2025 on the file of the Additional Mahila Court, Villupuram and quash the same as being illegal, incompetent and without jurisdiction.
For Petitioners :Mr.Avinashwadhwani
ORDER
The Civil Revision petition is filed challenging the complaint preferred by the respondent under the provisions of Domestic Violence Act. st petitioner is the father-in-law, the 2 nd petitioner is the
2. The 1 rd petitioner is the brother-in-law of the respondent. mother-in-law and 3 1/6
According to the petitioners, there is no existence of shared household/domestic relationship etc., in respect of the petitioners and hence the complaint preferred by the respondent was abuse of process of Court.
3. The 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.
C, once issued cannot 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.
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."
4. In view of the availability of effective alternative remedy to the petitioner before the concerned Magistrate and also further remedy before Sessions Court under Section 29 of the Domestic Violence Act, this Court is not inclined to exercise supervisory power under Article 227 of the Constitution of India. The Hon'ble Apex Court in the case of Virudhunagar Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019, held that availability of remedy before regular Courts is a near total bar to exercise the supervisory power under Article 227 of Constitution of India. Hence, I am not inclined to interfere in revision.
5. Accordingly, the Civil Revision Petition is dismissed with liberty to the petitioners to approach the very same Judicial Magistrate and workout their remedy in terms of order passed in Arul Daniel Case. If any such application is filed raising preliminary issues with regard to the maintainability of the petition against revision petitioners, the Judicial 3/6
Magistrate shall consider the same and dispose of the same as expeditiously as possible.
6. The complaint preferred by the respondent seeking various orders under Sections 12, 18, 19, 20 and 22 of Domestic Violence Act are 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. No costs. Consequently, connected miscellaneous petition is closed.
24.11.2025 Index : Yes / No Internet : Yes / No ub 4/6
To The Additional Mahila Court, Villupuram.
5/6
S.SOUNTHAR , J.
ub 24.11.2025 6/6