Kittu v. Santhiya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.10891 and 10899 of 2025 1.Kittu 2.Jothi

...Petitioners

Vs.

1.Santhiya 2.Minor Vithur Varman

...Respondents

(Minor / second respondent represented through his mother / first respondent) PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call for the entire records pertaining to the petition in D.V.O.P.No.7 of 2024 on the file of the learned Judicial Magistrate, Pattukottai, Thanjavur District and strike off the same.

For Petitioners : Mr.S.Sathya Chidambaram 1/5

O R D E R

This petition has been filed seeking to strike off the petition in D.V.O.P.No.7 of 2024 on the file of the Judicial Magistrate Court, Pattukottai, Thanjavur District.

2. The petitioners herein are the second and third respondents in D.V.C.No.7 of 2024, before the trial Court. The respondents herein have filed D.V.C.No.7 of 2024, on the file of the Judicial Magistrate Court, Pattukottai, Thanjavur District, under the provisions of the Protection of Women from Domestic Violence Act.

3. The learned counsel appearing for the petitioners submits that the petitioners are in-laws of the first respondent. The first 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 first respondent in the DVC case and though her husband is ready and willing to live with the first respondent, it is only the first 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.

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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 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 is 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.

16.07.2025 Internet:Yes/No Index:Yes/No TSG 3/5

To 1.The Judicial Magistrate, Pattukottai, Thanjavur District. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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