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Madras High CourtCRP(MD)/492/2025disposed of

A.V.Melodius Christopher v. Mary Rahisha

2025-03-25Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR and C.M.P(MD)No.2717 of 2025 A.V.Melodius Christopher

...Petitioner/Petitioner/2nd Respondent

Vs.

Mary Rahisha

...Respondent/Respondent/Complainant

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order in Crl.M.P.No.12180 of 2024 in D.V.C.No.12 of 2024 and delete my name from the respondents list in D.V.C.No.12 of 2024 as the 2nd Respondent pending on the file of Judicial Magistrate I, Thoothukudi, by allowing this civil revision petition.

For Petitioner : Mr.G.Anto Prince For Respondent : No appearance * * * * * 1/4

ORDER

The present revision petition has been filed by the second respondent in D.V.C.No.12 of 2024, on the file of the Judicial Magistrate No.1, Tuticorin, challenging the order passed in Cr.M.P.No.12180 of 2024, wherein the trial Court has dismissed an application to delete the revision petitioner from the array of party in the D.V.C. proceedings.

2.This Court in C.R.P.(PD)(MD)SR.No.10619 of 2025, has already held that the revision petition is not maintainable as against interim orders or final orders passed in D.V.C. proceedings. The only option available to the party is to file an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005.

3.In view of the above said deliberations, the Civil Revision Petition stands disposed of with liberty to the revision petitioner to challenge the same before the appropriate appellate authority under Section 29 of the above said Act.

4.In case, if any appeal is filed, the period between 05.02.2025, and the date of receipt of a copy of the order from this Court, shall stand excluded for the purpose of calculating limitation.

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5.The Registry is directed to return the original Crl.MP. order after getting due acknowledgment from the learned Counsel appearing for the revision petitioner.

25.03.2025 Internet:Yes/No Index:Yes/No RJR To The learned Judicial Magistrate No.I, Thoothukudi.

Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR 25.03.2025 4/4