Madras High CourtCRP(MD)/1832/2025disposed of

S.Kalyanasundaram v. R.Ramya

2025-07-04Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.10114 & 10116 of 2025 1.S.Kalyanasundaram 2.K.Vanaja 3.P.Santha

...Petitioners/Respondents

2 to 4 Vs.

1.R.Ramya 2.Minor.Rakshita 3.Minor.Sai Sanju (Minor 2 and 3 rep. by their mother and natural guardian the 1st respondent) ... Respondents 1 - 3/Petitioners 4.K.Ramesh ...4th Respondent/1st Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to allow the Civil Revision Petition and stike off petition D.V.C.No.14 of 2025 on the file of the Judicial Magistrate, Additional Mahila Court (Magistrate Level), Thanjavur insofar as the petitioners concern. For Petitioners : Mr.P.Balamurugan 1/6

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.C.No.14 of 2025, on the file of the learned Judicial Magistrate, Additional Mahila Court (Magistrate Level), Thanjavur.

2. The petitioners herein are the respondents 2 to 4 in D.V.C.No.14 of 2025, before the trial Court. The first respondent has filed D.V.C.No.14 of 2025, before the Judicial Magistrate, Additional Mahila Court (Magistrate Level), Thanjavur, under the provisions of the Domestic Violence Act and BNSS, 2023.

3.The learned counsel appearing for the petitioners submit that first petitioner is the father-in-law, mother-in-law and sister-in-law of the first respondent. 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 and though the husband is ready and willing to live with the first respondent it is only the 1st respondent who is not coming to live with him and has initiated the present case. Therefore, he prays that the petitioners may be 2/6

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.

4. Since 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 dispensed with.

5. This Court, taking into consideration the submission made by the learned counsel for the petitioners, permit 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, the petitioners 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 are necessary, the trial court, at its wisdom, shall direct them to appear on those days. 3/6

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

04.07.2025 Internet:Yes/No Index:Yes/No am 4/6

To 1.The Judicial Magistrate, Additional Mahila Court (Magistrate Level), Thanjavur 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

am 04.07.2025 6/6