Shyla v. S. Sumithra

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(MD)No.1442 of 2025 and C.M.P.(MD)No.7350 of 2025 1.Shyla 2.Ruby 3.Sahaya Vijayakumar 4.Papa Rani 5.Sumathra @ Ruthu

...Petitioners

Vs.

1.S.Sumithra 2.T.S.Angel Plessy 3.T.S.Angelin Stephy 4.Titus 5.Devadhas

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to Strike out the petitioners name in D.V.C.No.1/2020, on the file of the Judicial Magistrate No.II Nagercoil, Kanyakumari District. For Petitioners : Mr.N.S.Ramakrishna Dass For Respondents : No appearance 1/6

O R D E R

This petition has been filed seeking to strike out the petitioners' name in D.V.C.No.1/2020, on the file of the Judicial Magistrate No.II Nagercoil, Kanyakumari District.

2.The petitioners herein are the respondents 2 to 6 in D.V.C.No.1 of 2020, before the trial Court. The first respondent herein has filed D.V.C.No.1 of 2020, before the Judicial Magistrate No.II Nagercoil, Kanyakumari District, under the provisions of the Domestic Violence Act and BNSS, 2023. 3.The learned counsel appearing for the petitioners submits that the first respondent has initiated domestic violence proceedings against her husband and her in-laws. It is submitted that the petitioners are in no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioners may be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with their personal appearances before the trial court.

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4.Inspite of issuance of notice, there is no representation for the respondents. However, in view of the nature of the order which this Court is going to pass, which in no way affects the respondents, representation on behalf of the respondents is not necessary.

5.This Court, taking into consideration the submission made by the learned counsel for the petitioners, permits the petitioners to raise all the grounds as raised herein before the trial court at the time of trial. Taking into consideration the request made by the learned counsel for the petitioners, their appearances before the trial court are 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 them to appear on those days.

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6.Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

14.07.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Judicial Magistrate No.II Nagercoil, Kanyakumari District 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

MR C.R.P.(MD)No.1442 of 2025 14.07.2025 6/6