Rakkammal v. M.Valliyammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1713 of 2025 and C.M.P.(MD).Nos.9275 & 9276 of 2025 1.Rakkammal 2.Neelavathi 3.Karunanithi 4.Anthonysamy

...Petitioners

Vs.

1.M.Valliyammal 2.Mariyadoss

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records relating to the case in D.V.C.No.7 of 2024, on the file of the learned District Munsif cum Judicial Magistrate, Vilathikulam, Tuticorin and strike off the same insofar as it is related to the petitioner. For Petitioners : Mr.V.Nirmal Kumar * * * * * 1/5

ORDER

This petition has been filed seeking orders to quash the case in D.V.C.No.7 of 2024, on the file of the learned District Munsif cum Judicial Magistrate, Vilathikulam, Tuticorin and strike off the same insofar as it is related to the petitioner.

2. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

3. The first respondent herein has filed D.V.C.No.7 of 2024 before the learned District Munsif cum Judicial Magistrate, Vilathikulam, Tuticorin under the provisions of the Domestic Violence Act. The petitioners herein are respondent Nos.2 to 5 in D.V.C.No.7 of 2024 before the trial Court.

4. The learned counsel appearing for the petitioners would submit that the first petitioner is the mother-in-law and the second petitioner is the sister-in-law and third and fourth respondents are brothers-in-law of the first respondent. 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 also submitted that the petitioners have no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays 2/5

that the petitioners 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.

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.

6. Accordingly, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 23.06.2025 Internet:Yes/No Index:Yes/No TSG 3/5

To 1.The District Munsif cum Judicial Magistrate, Vilathikulam, Tuticorin. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG C.R.P.(PD)(MD)No.1713 of 2025 23.06.2025 5/5