Nagoor Meera v. Mydheen Fatima

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD].(MD)No.1908 of 2025 and C.M.P.(MD)No.10735 of 2025 1.Nagoor Meera 2.Nawap Ali 3.Khaja Mohideen 4.Megaraj

...Petitioners

Vs.

1.Mydheen Fatima 2.Sayyid Muhammed Bukhari

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to Strike off the complaint filed by the 1st respondent in D.V.C.No.11 of 2024, on the file of Judicial Magistrate Court-V, Tirunelveli. For Petitioners : Mr.D.Venkatachalam 1/6

O R D E R

This petition has been filed seeking to Strike off the complaint filed by the 1st respondent in D.V.C.No.11 of 2024, on the file of Judicial Magistrate Court-V, Tirunelveli.

2.The petitioners herein are the respondents 2 to 5 in D.V.C.No.11 of 2024, before the trial Court. The respondents herein have filed D.V.C.No.11 of 2024, before the learned Judicial Magistrate Court-V, Tirunelveli, under the provisions of the Domestic Violence Act and BNSS, 2023. 3.The learned counsel appearing for the petitioners submits that the second respondent is the husband of the first respondent. The first respondent has initiated domestic violence proceedings against her husband and her inlaws. 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 appearance before the trial court.

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4.In view of the nature of the order which this Court is going to pass, which in no way affects the respondents, notice to the respondents is not necessary and this Civil Revision Petition is being disposed of at the admission stage itself.

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 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 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.

11.07.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Judicial Magistrate Court-V, Tirunelveli.

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

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M.DHANDAPANI , J.

MR 11.07.2025 6/6