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Madras High CourtCRP(MD)/1059/2023dismissed

Vennila v. M.Logambal

2025-07-03Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.4985 of 2023 Vennila

...Petitioner

Vs.

1.M.Logambal 2.Manikandan 3.Muthulakshmi 4.Kanthavel

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to strike off the proceedings in D.V.C.No.79 of 2022 on the file of the Additional Mahila Court, Trichy.

For Petitioner : Mr.T. Lenin Kumar For Respondents : No Appearance 1/6

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.C.No.79 of 2022, on the file of the Additional Mahila Court, Trichy.

2.The petitioner herein is the fourth respondent in D.V.C.No.79 of 2022, before the trial Court. The first respondent herein has filed D.V.C.No.79 of 2022, before the Additional Mahila Court, Trichy, under the provisions of the Domestic Violence Act and BNSS, 2023.

3.The learned counsel appearing for the petitioner submits that she is the in-law of the first respondent. The first respondent has initiated domestic violence proceedings against her husband and her in-laws. It is submitted that the petitioner is in no way connected with the allegations made by the first respondent in the DVC case. Therefore, learned Counsel prays that the petitioner may be permitted to raise all the grounds mentioned herein before the trial court. The petitioner also requests this Court to dispense with her personal appearance before the trial court.

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

5.This Court, taking into consideration the submission made by the learned counsel for the petitioner, permits the petitioner 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 petitioner, her appearance before the trial court is dispensed with except for her 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 petitioner is necessary, the trial court, at its wisdom, shall direct her to appear on those days.

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

03.07.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Additional Mahila Court, Trichy.

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

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M.DHANDAPANI , J.

MR 03.07.2025 6/6