Subha v. Nithyamala

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1536 of 2025 and C.M.P.(MD).No.7801 & 7802 of 2025 1.Subha 2.Subbulakshmi

...Petitioners

Vs.

1.Nithyamala 2.Subburaj

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the proceedings made in DVC.No.98 of 2024 on the file of the Judicial Magistrate Additional Mahila Judge, Tiruchirappalli. For Petitioners : Ms.P.Kalaiyarasi Bharathi * * * * *

ORDER

This petition has been filed seeking to quash the case in DVC.No.98 of 2024 on the file of the Judicial Magistrate Additional Mahila Judge, Tiruchirappalli.

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2. Since no adverse orders are going to be passed against the respondents, it is not necessary to issue notice to the respondents.

3. The petitioners herein are respondents Nos. 2 and 3 in DVC.No.98 of 2024 before the trial Court. The first respondent herein has filed DVC.No.98 of 2024 before the Judicial Magistrate Additional Mahila Judge, Tiruchirappalli, under the provisions of the Domestic Violence Act.

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

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 2/4

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 petitions are closed. 03.06.2025 NCC:Yes/No Index:Yes/No Ta 3/4

M.DHANDAPANI , J.

Ta To:- The Judicial Magistrate Additional Mahila Judge, Tiruchirappalli. Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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