Sivaganam Pillai v. B.Rajabharathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1380 of 2025 and C.M.P.(MD).Nos.7158 and 10182 of 2025 1.Sivagnanam Pillai 2.T.Manjula

...Petitioners

Vs.

1.B.Rajabharathi 2.Gopinath

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the proceedings in D.V.O.P.No.19 of 2025 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and strike off the same as illegal insofar as the petitioners are concerned.

For Petitioners : Mr.R.Ramanujam For R-1 : Mr.D.Shanmugaraja Sethupathi 1/4

ORDER

This petition has been filed seeking orders to quash the proceedings in D.V.O.P.No.19 of 2025 before the learned Judicial Magistrate, Additional Mahila Court, Madurai and strike off the same as illegal insofar as the petitioners are concerned.

2. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

3. The respondent herein filed D.V.O.P.No.19 of 2025 before the learned Judicial Magistrate, Additional Mahila Court, Madurai, under the provisions of the Protection of Women from Domestic Violence Act, 2005.

4. The learned counsel appearing for the petitioners would submit that the first petitioner is the father-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 initiated domestic violence proceedings against her husband and her mother-in-law. It is also submitted that the petitioners have no way connected with the allegations made by the respondent in the DVC case. Therefore, he 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. 2/4

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 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. 02.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Judicial Magistrate Court, Additional Mahila Court, Madurai. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG C.R.P.(PD)(MD)No.1380 of 2025 02.07.2025 4/4