Rengarajan v. Brinda Alias Ishwariya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.4721 & 4722 of 2025 1.Mr.Rengarajan 2.Mr.Baskaran 3.Mrs.Radha 4.Mr.Karthikraj 5.Mr.Sathish Raj @ Sathish Kumar

...Petitioners

Vs.

Mrs.Brinda @ Ishwariya

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records pertaining to the complaint filed in D.V.C.No. 6/2025 on the file of the Judicial Magistrate, Sankarankovil and struck off the same.

For Petitioners : Mr.M.Dinesh Hari Sudarsan For Respondent : No appearance

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.C.No.6/2025, on the file of the learned Judicial Magistrate, Sankarankovil.

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2.The petitioners herein are the respondents in D.V.C.No.6 of 2025, before the trial Court. The respondent herein has filed D.V.C.No.6 of 2025, before the learned Judicial Magistrate, Sankarankovil, under the provisions of the Domestic Violence Act and BNSS, 2023.

3.The learned counsel appearing for the petitioners submit that the petitioners are husband and in-laws of the respondent. The respondent has initiated domestic violence proceedings against her husband and her in-laws. It is submitted that the petitioners are in no way connected with the allegations made by the respondent in the DVC case and though the first petitioner is ready and willing to live with the respondent it is only the respondent who is not coming to live with him and has initiated the present 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.

4. Inspite of issuance of notice, there is no representation for the respondent. However, in view of the nature of the order which this Court is going to pass, which in no way affects the respondent, representation on behalf of the respondent is not necessary.

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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.

6.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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To 1.The Judicial Magistrate, Sankarankovil.

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

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M.DHANDAPANI , J.

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