K.Nagappan, v. S.Mangaiyarkarasi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1816 of 2025 and C.M.P.(MD).Nos.9942 & 9944 of 2025 1.K.Nagappan 2.K.Meenal

...Petitioners

Vs.

S.Mangaiyarkarasi

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to quash the proceedings initiated by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 vide D.V.C.No.11 of 2025 on the file of the Judicial Magistrate Court at Karaikudi, as abuse process of law.

For Petitioners : Mr.T.Muthukumar

ORDER

This petition has been filed seeking orders to quash the proceedings initiated by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 vide D.V.C.No.11 of 2025 on the file of the Judicial Magistrate Court at Karaikudi, as abuse process of law. 1/4

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

3. The respondent herein filed D.V.C.No.11 of 2025 on the file of the Judicial Magistrate Court at Karaikudi, under the provisions of the Protection of Women from Domestic Violence Act, 2005.

4. The learned counsel appearing for the petitioners would submit that the first petitioner is the husband and the second petitioner is the mother-in-law of the respondent. The respondent initiated domestic violence proceedings against her husband and her mother-in-law. It is also submitted that the petitioners have no way connected with the allegations made by the respondent in the DVC case. Therefore, he prays 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 2/4

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. 02.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Judicial Magistrate Court, Karaikudi.

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.1816 of 2025 02.07.2025 4/4