Venkatesh v. Jayachithra

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.6354 of 2025 1.Venkatesh 2.Maheswari 3.Santhanakalai 4.Karpagam 5.Muthukani

...Petitioners

Vs.

1.Jeyachithra 2.Minor Ilamaran 3.Minor Nihil Maran

...Respondents

(Respondent Nos.2 and 3 represented by its guardian / first respondent) PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to quash the proceedings in D.V.C.No.1 of 2025 before the learned Judicial Magistrate (Additional Mahila), Srivilliputtur, Virudhunagar District. For Petitioners : Mr.M.Jegadeesh Pandian For Respondents : Mr.S.Sankara Pandian * * * * * 1/5

ORDER

This petition has been filed seeking to quash the proceedings in D.V.C.No.1 of 2025 before the learned Judicial Magistrate (Additional Mahila), Srivilliputtur, Virudhunagar District.

2. The petitioners herein are respondent Nos.1 to 5 in D.V.C.No.1 of 2025 before the trial Court. The respondents herein have filed D.V.C.No.1 of 2025, before the learned Judicial Magistrate (Additional Mahila), Srivilliputtur, Virudhunagar District, under the provisions of the Protection of Women from Domestic Violence Act, 2005.

3. The learned counsel appearing for the petitioners submits that the first petitioner is the husband of the first respondent. The second and third petitioners are the in-laws of the first respondent. The fourth petitioner is the sister-in-law of the first respondent. The fifth petitioner is the aunt of the first petitioner. The respondents have initiated domestic violence proceedings against the petitioners herein. It is submitted that the petitioners are in no way connected with the allegations made by the respondents in the DVC case and though the first petitioner 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 2/5

also requests this Court to dispense with their personal appearance before the trial court.

4. Learned counsel appearing for the respondent submits that if this Court is inclined to dispense with the appearance of the petitioners, this Court may impose requisite conditions to see to it that the presence of the petitioners at the times, during which the presence of the petitioners is mandatory be safeguarded so that the petitioner does not frustrate the trial proceedings by dragging on the same to the detriment of the respondent.

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.

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

14.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Judicial Magistrate (Additional Mahila), Srivilliputtur, Virudhunagar 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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