E.Jozhi v. B.Meenatchisanchana @ Shaziya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1471 of 2025 and C.M.P.(MD).No.7428 of 2025 1.E.Jozhi 2.Bilal

...Petitioners

Vs.

1.B.Meenatchisanchana @ Shaziya 2.Baisal 3.Muzeeb Bhasha 4.Kamaal Bhasha @ Kamaali 5.Sarbudeen

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the entire records in DVC.No.118 of 2024 on the file of the Additional Mahila Court, Madurai and quash the same as illegal as against the petitioners.

For Petitioners : Mr.P.Ganapathi Subramanian * * * * * 1/5

ORDER

This petition has been filed seeking to quash the case in D.V.C.No.118 of 2024 on the file of the learned Additional Mahila Judge, Madurai.

2. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

3. The petitioners herein are respondent Nos.1 and 3 in D.V.C.No.118 of 2024 before the trial Court. The first respondent herein has filed D.V.C.No.118 of 2024 before the Additional Mahila court, Madurai, under the provisions of the Domestic Violence Act and BNSS, 2023

4. The learned counsel appearing for the petitioners would submit that the first petitioner is the mother-in-law and the second petitioner is the brother-inlaw of the first respondent. The first respondent has initiated domestic violence proceedings against her husband and her in-laws. He would further submit that the second petitioner is working abroad and that the continuation of the said case would cause them considerable hardship. It is also submitted that the petitioners have no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioners 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.

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5. In view of the said submission made by the learned counsel for the petitioners, the petitioners shall raise all the grounds as raised herein before the trial court at the time of trial. Further, taking into consideration the request as 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 is necessary, the trial court, at its wisdom, shall direct their appearance on those days. Further, this Court directs the petitioners to represent the case through the counsel.

6. Accordingly, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 02.06.2025 Internet:Yes/No Index:Yes/No TSG To The Additional Mahila Court, Madurai.

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

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M.DHANDAPANI , J.

TSG C.R.P.(PD)(MD)No.1471 of 2025 02.06.2025 5/5