Clara Arulselvi v. Arulvelankanni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.7309, 7831, 7832 & 10936 of 2025 C.R.P.(MD)No.1421 of 2025:

1.Clara Arulsevi 2.Anthoniyammal 3.Juliet Nancy 4.Juliet Angel

...Petitioners

Vs.

1.Arulvelankanni 2.Antony

...Respondents

C.R.P.(MD)No.1540 of 2025:

Antony

...Petitioner

Vs.

1.Arul Velankanni 2.Clara Arulselvi 3.Anthoniyammal 1/7

4.Juliet Nancy 5.Juliet Angel

...Respondents

COMMON PRAYER: Civil Revision Petitions have been filed under Article 227 of Constitution of India, praying to call for the records relating to the case in DVC No.03 of 2025 on the file of the Additional Mahila Court (CUM) Judicial Magistrate Court, Sivagangai and strike down the same. C.R.P.(MD)No.1421 of 2025:

For Petitioners : Mr.A.Joseph Jerry For Respondent No.1 : Mr.N.Jeyaram Sidharth C.R.P.(MD)No.1540 of 2025:

For Petitioner : Mr.A.Joseph Jerry For Respondent No.1 : Mr.N.Jeyaram Sidharth COMMON ORDER These petitions have been filed seeking to strike off the proceedings / Petition in DVC No.03 of 2025, on the file of the Additional Mahila Court cum Judicial Magistrate Court, Sivagangai.

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2.Since the petitioners and respondents and the issue in both the petitions are one and the same, these petitions were heard together and disposed of by this common order.

3.The respondents in C.R.P.(MD)No.1421 of 2025 are husband and wife and the petitioners in C.R.P.(MD)No.1421 of 2025 are the in-laws of the first respondent and the first respondent herein initiated proceedings in D.V.C.No.3 of 2025, before the Additional Mahila Court cum Judicial Magistrate Court, Sivagangai, under the provisions of the Domestic Violence Act, 2005. 4.The learned counsel appearing for the petitioners in both the petitions would submit that the petitioner in C.R.P.(MD)No.1540 of 2025 is the husband and in C.R.P.(MD)No.1421 of 2025, the 1st petitioner is the mother-in-law, the 2nd petitioner is the grandmother of the second respondent / husband, 3rd & 4th petitioners are the sisters-in-law of the first respondent. The first respondent initiated domestic violence proceedings against her husband and others. It is also submitted that the petitioners are no way connected with the allegations made by the first respondent in DVC case. Therefore, he prays that the petitioners in both the CRPs be permitted to raise all the grounds mentioned 3/7

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

5.Since allegations made against the petitioner/husband in C.R.P. (MD)No.1540 of 2025 is serious in nature, C.R.P.(MD)No.1540 of 2025, is dismissed.

6.As far as C.R.P.(MD)No.1421 of 2025 is concerned, since the allegation made against the petitioners 1, 3 & 4 are serious in nature, C.R.P. (MD)No.1421 of 2025 is dismissed insofar as the petitioners 1, 3 and 4 are concerned. Insofar as the second petitioner in C.R.P.(MD)No.1421 of 2025 is concerned, learned Counsel would submit that no serious allegations have beem made against the second petitioner and also no domestic violence has been established against the second petitioner. All the facts raised herein can be ventilated only before the trial Court. However, considering the age of the second petitioner and in view of the said submission made by the learned counsel for the second petitioners, the second petitioner 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 second petitioner, her appearance before the trial court is dispensed with except 4/7

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 second petitioner is necessary, the trial court, at its wisdom, shall direct her appearance on those days. Further, this Court directs the second petitioner to represent the case through the counsel. 7.Accordingly, C.R.P.(MD)No.1421 of 2025, stands disposed of insofar as the second respondent alone. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 21.07.2025 Internet:Yes/No Index:Yes/No MR 5/7

To 1.The Additional Mahila Court cum Judicial Magistrate Court, Sivagangai.

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

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M.DHANDAPANI , J.

MR 21.07.2025 7/7