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Madras High CourtCRP(MD)/1250/2021dismissed

Udayakumar v. Pon Selvi

2025-06-13Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.7202 of 2021 Udayakumar

...Petitioner

Vs.

Pon Selvi

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call for the records in D.V.O.P.No.1 of 2019, on the file of the Judicial Magistrate, Nanguneri, Tirunelveli District and strike of the petition. For Petitioner : Mr.C.T.Perumal For Respondent : No appearance

ORDER

This petition has been filed seeking to quash the case in D.V.O.P.No.1 of 2019, on the file of the Judicial Magistrate, Nanguneri, Tirunelveli District. 1/5

2.The petitioner and the respondent are husband and wife. The respondent herein has filed D.V.O.P.No.1 of 2019, before the Judicial Magistrate, Nanguneri, Tirunelveli District, under the provisions of the Domestic Violence Act.

3.The learned counsel appearing for the petitioner would submit that his husband has initiated domestic violence proceedings against him. He would further submit that the petitioner is in Mumbai and that the continuation of the said case would cause him considerable hardship. It is also submitted that the petitioner is no way connected with the allegations made by the respondent in the DVOP case. Therefore, he prays that the petitioner be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with his personal appearance before the trial court. 4.In view of the said submission made by the learned counsel for the petitioner, the petitioner shall raise all the grounds as raised herein before the trial court at the time of trial.

pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct for his appearance on those days. Since the proceedings were initiated in the year 2019, this Court directs the Judicial Magistrate Court, Nanguneri, Tirunelveli District, to conclude the proceedings in D.V.O.P.No.1 of 2019, within a period of six [6] months from the date of receipt of a copy of this order. 5.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

13.06.2025 Internet:Yes/No Index:Yes/No MR 3/5

To 1.The Judicial Magistrate, Nanguneri, Tirunelveli District.

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

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M.DHANDAPANI , J.

MR 13.06.2025 5/5