Madras High CourtCRP(MD)/1525/2025disposed of

B.Rajesh v. T.Jebasheela

2025-05-08Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.05.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and C.M.P.(MD).Nos.7732 and 7733 of 2025 1.B.Rajesh 2.B.Lilly Theras 3.Palraj @ Balasubramanian 4.E.Leonciya .. Petitioners Vs.

1.R.Arivalagan 2.A.Suguna Devi 3.A.Levin Kumar .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the complaint/the petition filed by the respondent in D.V.C.No.34/2024 on the file of the Judicial Magistrate Court No.1, Tirunelveli and set aside the same pending disposal of this Civil Revision Petition. For Petitioners : Mr.S.Chandra Sekar

ORDER

This Civil Revision Petition is filed seeking to strike off the complaint/the petition filed by the respondent in D.V.C.No.34 of 2024 on the file of the Judicial Magistrate Court No.1, Tirunelveli and set aside the same pending disposal of this Civil Revision Petition.

2. The learned counsel appearing for the petitioners would submit that the first petitioner is the husband of the respondent and the other petitioners are her in-laws. The marriage was performed in between the first petitioner and the respondent on 14.12.2023 at Sahayamatha Church, Devakottai as per the Christian rites and customs. Subsequently, there was a matrimonial dispute between the first petitioner and the respondent. The respondent made a Domestic Violence complaint in D.V.C.No.34 of 2024 before the Judicial Magistrate No.1, Tirunelveli. Challenging the same, the present Civil Revision Petition is filed.

3. The learned counsel for the petitioners would submit that the personal appearance of the petitioners may be dispensed with unless and until their appearance is necessary for the disposal of the domestic violence case.

4. In view of the aforesaid submission, this Court, without interfering with the impugned complaint and without expressing any opinion on the merits of the case, is inclined to dispose of the Civil Revision Petition on the following terms:

(i) The Trial Court is directed to dispose of the domestic violence case in D.V.C.No.34 of 2024 as expeditiously as possible. (ii) The appearance of the petitioners is dispensed with before the Trial Court in D.V.C.No.34 of 2024 except for their appearance for the purpose of receiving the copy of the proceedings under Section 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. The petitioners and the respondent are directed to co-operate with the Trial Court for the early completion of trial. (iii) No costs. Consequently, connected C.M.P.(MD).No.7733 of 2025 stands closed.

08.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To The Judicial Magistrate Court No.1, Tirunelveli.

M.DHANDAPANI,J.

Lm 08.05.2025