A.Veerakumar v. C.Kalaivani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2022

CORAM

THE HON'BLE Mr. JUSTICE B.PUGALENDHI C.R.P(MD)Nos.1343 and 1236 of 2022 and C.M.P(MD)Nos.5578 and 5072 of 2022 In C.R.P(MD)No.1343 of 2022:

A.Veerakumar .... Petitioner/Respondent Vs.

C.Kalaivani ... Respondent/Petitioner Prayer:- Civil Revision Petition is filed under Article 227 of Constitution of India to call for the records relating to the DVC No.3 of 2021 on the file of the learned Additional Mahila Court, (Judicial Magistrate), Dindigul and to set aside the same.

For Petitioner :

Mr.K.K.Ramakrishnan For Respondent :

Mr.S.C.Herold Singh In C.R.P(MD)No.1236 of 2022:

A.Rasathi .... Petitioner/Petitioner Vs.

C.Kalaivani ... Respondent/Respondent Prayer in both Revisions:- Civil Revision Petitions are filed under Article 227 of Constitution of India to call for the records relating to the DVC No.3 of 2021 on the file of the learned Additional Mahila Court, (Judicial Magistrate), Dindigul and to set aside the same.

In both petitions:

For Petitioner :

Mr.K.K.Ramakrishnan For Respondent :

Mr.S.C.Herold Singh ****** C O M M O N O R D E R These Civil Revision Petitions are filed by the husband and the mother-in-law of the respondent as against D.V.C proceedings initiated by her before the Additional Mahila Court, (Judicial Magistrate), Dindigul.

2. The grievance of the petitioner in C.R.P(MD)No.1236 of 2022, who is mother-law of the petitioner in DVC proceedings, is that she has been unnecessarily robed as party on certain grounds.

3. In view of the recent pronouncement of the Hon'ble Full Bench reported in Arun Daniel and others vs. Suganya reported in [2022 SCC OnLine Mad 5435], these revision petitions are not maintainable.

4. However, the Full Bench has held that the present D.V.C

proceedings is only an enquiry and the personal appearance of the parties is not required. However, they can be represented through a counsel before the trial court and the trial court shall not insist for the personal appearance of the petitioners. If the petitioners feel that they are unnecessarily added as parties in the complaint, the petitioners are at liberty to file an application before the concerned Judicial Magistrate and in the event of dismissal of that application, the petitioners can approach the Sessions Court.

5. It is seen that D.V.C.No.3 of 2021 is pending for two years and the trial court is directed to conclude the proceedings within a period of 5 months from the date of receipt of a copy of this order.

6. With the above observation and direction, these Civil Revision Petitions are dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

14.12.2022 Index : Yes/No Internet : Yes/No CM

To,

1. The Additional Mahila Court, (Judicial Magistrate), Dindigul

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

B.PUGALENDHI, J.

CM C.R.P(MD)Nos.1343 and 1236 of 2022 and C.M.P(MD)Nos.5578 and 5072 of 2022 14.12.2022