Vallikannu v. Ramya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1529 of 2025 and C.M.P.(MD).No.7749 & 7750 of 2025 1.Vallikannu 2.Umamaheshwari

...Petitioners

Vs.

1.Ramya 2.Minor Ajay 3.Kuppusamy

...Respondents

[Minor 2nd respondent is represented by his mothers and natural guardian] PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the petition in D.V.C.No.3 of 2023 on the file of the District Munsif cum Judicial Magistrate, Peravoorani.

For Petitioners : Mr.S.Prabha * * * * *

ORDER

This petition has been filed seeking to quash the case in DVC.No.3 of 2023 on the file of the District Munsif cum Judicial Magistrate, Peravoorani. 1/4

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

3. The petitioners herein are respondents Nos.2 and 3 in DVC.No.3 of 2023 before the trial Court. The first respondent herein has filed DVC.No.3 of 2023 before the District Munsif cum Judicial Magistrate, Peravoorani, under the provisions of the Domestic Violence Act.

4. The learned counsel appearing for the petitioners would submit that the first petitioner is the mother-in-law and the second petitioner is the sister-in-law of the first respondent. The second respondent is the child of the first respondent and third 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 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. She 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 made by the learned counsel for the petitioners, the appearance of the petitioners 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. 02.06.2025 NCC:Yes/No Index:Yes/No ta To:- 1.The District Munsif cum Judicial Magistrate, Peravoorani 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

3/4

M.DHANDAPANI, J.

ta C.R.P.(PD)(MD)No.1529 of 2025 02.06.2025 4/4