Madras High CourtCRP(MD)/1697/2025disposed of

Subramani v. Chinnammal

2025-07-03Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1697 of 2025 and CMP(MD) Nos.9066 & 8682 of 2025

1. Subramani,

2. Annalakshmi,

3. Kaviyarasan,

4. Deepan ... Petitioners Vs Chinnammal, W/o.Subramani, Kalladai Village, Kamaraj Nagar, Keelaveliyur Post, Thaogamalai Police Zone., Kulithalai Taluk, Karur District..

... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to the complaint given under Domestic Violence Act in D.V.C.No.02/2025 on the file of Judicial magistrate No.I, Kulithalai and to strike off the same by allowing the Civil Revision Petition.

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For Petitioners : Mr.A.Thiyagarajan For Respondents : Mr.N.Balakrishnan

ORDER

This petition has been filed seeking to strike off the complaint given under Domestic Violence Act in D.V.C.No.02/2025 on the file of Judicial magistrate No.I, Kulithalai.

2. The petitioners herein are respondent Nos.1 to 4 in D.V.C.No.02 of 2025 before the trial Court. The first respondent herein filed D.V.C.No.02 of 2025 before the Judicial Magistrate No.I,Kulithalai, under the provisions of the Domestic Violence Act, 2005.

4. The learned counsel appearing for the petitioners would submit that the 1st petitioner is the husband and the other petitioners are the 2nd wife of the first respondent, and daughter and son respectively. The first respondent initiated domestic violence proceedings against her husband and others. It is also submitted that the petitioners have no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioners be permitted to raise all the 2/5

grounds mentioned herein before the trial court. He also requests this Court to dispense with their personal appearance before the trial court.

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 as 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 their appearance on those days. Further, this Court directs the petitioners to represent the case through the counsel. The trial Court is directed to dispose of the DVC case as expeditiously as possible. 3/5

6. Accordingly, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 27.06.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Judicial magistrate No.I, Kulithalai 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.1697 of 2025 Date : 03/07/2025 5/5