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Madras High CourtCRP(MD)/1275/2024dismissed

Sushmitha, v. Shrivatsan Rangarajan

2025-07-09Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). Nos.1275 and 1276 of 2024 and CMP(MD) Nos.7332 to 7334 and 7336 of 2024 Sushmitha ... Petitioner in both petitions Vs Shrivatsan Rangarajan Represented by His Power Agent P.N.Rangarajan ... Respondent in both petitions PRAYER in CRP(MD) No.1275/2024:-Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Judgment dated 28-02-2024 passed in CRL.A.No.143/2022 by the III Additional District and Sessions Judge, Tiruchirappalli against the order passed by the Additional Mahila Court, Magisterial Level, Tiruchirappalli in Cr.M.P.No.1714/2022 dated 17-10-2022 in DVC No.80/2021 and allow this civil revision petition in the interest of justice. PRAYER in CRP(MD) No.1276/2024: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Judgment dated 28-02-2024 passed in CRL.A.No.144/2022 by the learned III Additional District and Sessions Judge, Tiruchirappalli against the order passed by the learned Additional Mahila Court, Magisterial Level, 1/6

Tiruchirappalli in Cr.M.P.No.21756/2022 dated 17-10-2022 in DVC No. 80/2021 and allow this civil revision petition in the interest of justice. For Petitioner : Mr.N.Mohideen Basha For Respondent : Mr.T.Vadivelan COMMON ORDER Since the issue involved in both the Civil Revision Petitions is one and the same, both the Civil Revision Petitions were taken together and disposed of by this common order.

2. The challenge made in both the petitions is against the judgment dated 28.02.2024 made in Crl.A Nos.143 and 144 of 2022 by the III Additional District and District Judge, Tiruchirappalli, wherein, the exparte order passed against the respondent in the proceedings in DVC No.8/2021 was set aside and the power of attorney dated 04.07.2022 was accepted.

3. The petitioner is the wife and the respondent/Shrivatsan Rangarajan is the husband. Since their matrimonial life ran into rough weather, the petitioner initiated DVC proceedings against her husband as well as her in-laws. In the said petition, the first respondent was set 2/6

exparte and an exparte order came to be passed. Against the said exparte order, the respondent filed an appeal to set aside the exparte order. Since the respondent is abroad, he nominated his father as power of attorney for prosecuting the case and the said petition came to be dismissed. Challenging the same, the respondent filed appeals and the appeals came to be allowed. Challenging the said judgments, the petitioner is before this Court.

4. The learned counsel for the petitioner would submit that when the respondent is in Canada, executing power of attorney by making his signature as if he is in Chennai is nothing but a fraud played upon the Court. The witnesses, who made their signatures, are in Chennai and hence, such a power of attorney is not acceptable one and this point though was accepted by the trial Court, the lower appellate Court failed to consider the same and hence, prays for interference.

5. The learned counsel for the respondent on the other hand would contend that the respondent will abide by any order passed by the trial Court in the Domestic Violence proceedings without prolonging further 3/6

and if the appearance of the respondent is necessitated, he would appear before the Court. The said submission is recorded.

6. I have considered the rival submissions and perused the materials available on record.

7. In view of the submissions made and considering the facts and circumstances of the case, if the appearance of the respondent is warranted before the trial Court, the trial Court shall direct the respondent to appear before the Court. The trial Court is directed to dispose of the proceedings in DVC No.80/2021 within a period of three months from the date of receipt of a copy of this order.

8. The Civil Revision Petitions are disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are closed.

09.07.2025 NCC : Yes/No Index : Yes/No RR 4/6

TO 1.The III Additional District and Sessions Judge, Tiruchirappalli 2.The III Additional District and Sessions Judge, Tiruchirappalli 3.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) Nos.1275 and 1276 of 2024 Date : 09/07/2025 6/6