Vinothini v. Shanthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD].(MD)No.652 of 2025 and C.M.P.(MD)Nos.3517 & 3519 of 2025 of 2025 1.Vinothini 2.S.Veluchamy 3.Panchavarnam 4.V.Mani ...Petitioners/ Respondents No.1 to 4 Vs.

1.Shanthi 2.Minor Thangapetchi 3.Minor Thangameenakshi (Respondents 2 & 3 represented by the first respondent mother and natural guardian)

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to strike off the DVC proceedings initiated by the respondent in D.V.C.No.4 of 2024, on the file of the Judicial Magistrate, Melur and allow the above Civil Revision Petition.

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For Petitioner : Mr.S.Ramasamy For Respondent : M/s.S.Rajalakhsmi

ORDER

This petition has been filed seeking to strike off the DVC proceedings initiated by the first respondent in D.V.C.No.4 of 2024, on the file of the Judicial Magistrate, Melur 2.The petitioners herein are the respondents in D.V.C.No.4 of 2024, before the trial Court. The respondent herein has filed D.V.C.No.4 of 2024, before the learned Judicial Magistrate, Melur, under the provisions of the Domestic Violence Act and BNSS, 2023.

3. The learned counsel appearing for the petitioners submits that the first petitioner is the daughter-in-law of the first respondent and the petitioners 2 to 4 are the parents and brother of the first petitioner. The first respondent has initiated domestic violence proceedings against her daughter-in-law and her parents and her brother. It is submitted that the petitioners are in no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioners may be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with their personal appearance before the trial court. 2/6

4.Learned counsel appearing for the respondents submits that if this Court is inclined to dispense with the appearance of the petitioners, this Court may impose requisite conditions to see to it that the presence of the petitioners at the times, during which the presence of the petitioners are mandatory be safeguarded so that the petitioners does not frustrate the trial proceedings by dragging on the same to the detriment of the respondents. 5.This Court, taking into consideration the submission made by the learned counsel for the petitioners, permits the petitioners to raise all the grounds as raised herein before the trial court at the time of trial.

Taking into consideration the request made by the learned counsel for the petitioners, their appearance before the trial court is dispensed with except for their appearance for the purpose of receiving the copy of the proceedings u/s 230 of BNSS, framing of charges, questioning under Section 351 of BNSS and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioners are necessary, the trial court, at its wisdom, shall direct them to appear on those days.

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6.Accordingly, this Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

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To 1.The Judicial Magistrate, Melur.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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