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Madras High CourtCRP(MD)/1801/2024dismissed

Vennila v. Roja Sinduja

2025-07-08Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1801 of 2024 and C.M.P.(MD)Nos.10200 & 10201 of 2024 1.Vennila 2.M.N.M.Karthikeyan ... Petitioners Vs.

1.Roja Sinduja 2.K.Raja Subramaniyan @ Rakesh 3.V.M.S.Kathirvel 4.K.Maala ... Respondents PRAYER: Civil Revision Petition - filed under Article 227 of Constitution of India, to strike off the proceedings in D.V.C.No.21 of 2023 on the file of the Judicial Magistrate No.II, Sivakasi, Virudhunagar District as against the petitioners.

For Petitioner : Mr.S.Ramasamy 1/5

ORDER

This petition has been filed seeking to strike off the impugned proceedings in D.V.C.No.21 of 2023 on the file of Judicial Magistrate Court, Senkottai.

2.The petitioners herein are the respondents 4 and 5 in D.V.C.No.21 of 2023, before the trial Court. The respondent herein has filed D.V.C.No.14 of 2023, before the learned Judicial Magistrate, Senkottai, under the provisions of the Domestic Violence Act.

3.The learned counsel appearing for the petitioners submits that the first respondent has initiated domestic violence proceedings against her husband and her in-laws. It is submitted that the first petitioner is the sisterin-law, second petitioner is the husband of the sister-in-law of the first respondent herein and they are in no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioners may 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.

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4.Inspite of issuance of notice, there is no representation for the respondents. However, in view of the nature of the order which this Court is going to pass, which in no way affects the respondents, representation on behalf of the respondents is not necessary.

5.This Court, taking into consideration the submission made by the learned counsel for the petitioners, permits 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, 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 him to appear on those days. 3/5

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

08.07.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ta To 1.The Judicial Magistrate No.II, Sivakasi, Virudhunagar.

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J.

ta C.R.P.(PD)(MD)No.1801 of 2024 08.07.2025 5/5