B.Saraswathi, v. S.Sowmiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 6468 of 2025 and CMP Nos.31942 and 31943 of 2025

1. B.Saraswathi, W/o. K.Boopathy, No.641, Krishna Nagar Main Road, Ponthandalam, Nandambakkam, Chennai - 600069.

Petitioner(s) Vs

1. S.Sowmiya D/O. Sureshkumar, No.8/28, Vinayagar Koil Street, Sri Sakthi Nagar, Arumbakkam, Chennai - 600106.

2.B.Saravanan S/o. K.Boopathy, No. 641, Krishna Nagar Main Road, Ponthandalam, Nandambakkam, Chennai - 600069.

Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the order in Crl.M.P. No. 39/2025 in DVC No. 111 of 2022, order dated 14.10.2025 on the file of Additional Mahila Court, Egmore, Chennai .

For Petitioner(s):

Mr. M.SARAVANAKUMAR

ORDER

This civil revision petition is filed challenging the order passed by the court below, dismissing the application filed by the petitioner, seeking to strike off her name in the complaint preferred by the first respondent under the provisions of the Domestic Violence Act.

2. The petitioner herein is mother in law of the first respondent and she filed a petition in Crl.M.P.No.39 of 2025 in DVC No.111 of 2022 seeking to strike out her name from the array of parties in the complaint and the same was dismissed by the court below. Aggrieved by the same, the petitioner has come before this court.

3. The order impugned in this civil revision petition is appealable one. As per the law laid down by the Full Bench of this Court in Arul Daniel and Others Versus Suganya reported in (2022) SCC Online Mad 5435, the petitioner has got remedy to file an appeal before the jurisdictional Sessions Judge, under Section 29 of the DVC Act, as against the impugned order passed by the Magistrate. Therefore, inview of the availability of the alternative remedy to the petitioner, this court is not inclined to exercise its supervisory jurisdiction, as per the law laid down by the Hon'be Apex Court in the case of Virudhunagar

Nadargal Dharma Paripalana Shabha Vs Tuticorin Educational Society reported in MANU/SC/1365/2019.

4. Accordingly, this civil revision petition is dismissed with liberty to the petitioner to approach the jurisdictional Sessions Judge seeking remedy. There shall be no order as to costs. Connected miscellaneous petitions are closed.

4. The petitioner is entitled to exclude the period taken by her in prosecuting this civil revision petition before this court i.e. from 19.11.2025 to the date of receipt of copy of the order of this civil revision petition, while calculating limitation, for the purpose of filing an appeal under Section 29 of DVC Act.

18.12.2025 Note to Registry: The Registry is directed to return the original impugned order to the counsel for the petitioner.

Internet: yes Index: Yes/No MST To The Additional Mahila Court.

Egmore, Chennai.

S.SOUNTHAR, J.

MST CRP No.6468 of 2025 18.12.2025