Ahamedwasil v. Sulthan Beevi Fathima

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/08/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2107 of 2025 and CMP(MD) Nos.12228 and 12229 of 2025

1. Ahamedwasil

2. Askar Ali,

3. Shirin,

4. Ahamed Suhail,

5. Saleema,

6. Mohammed Riyaz ... Petitioners Vs Sulthan Beevi Fathima ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of The Constitution of India to strike off the proceedings in D.V.C.No.4/2023 on the file of the Judicial Magistrate No.II, Kodaikanal. For Petitioner : Mr.T.Leninkumar

ORDER

The Civil Revision Petition is filed to to strike off the proceedings in DVC No.4 of 2023 pending on the file of the Judicial Magistrate No.II, Kodaikanal.

1/5

2. The petitioners herein are the respondents in D.V.C.No.4 of 2023, which was initiated by the first respondent before the Judicial Magistrate No.II, Kodaikanal, under the provisions of the Domestic Violence Act, 2005.

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

4. The learned counsel appearing for the petitioners would submit that the petitioners 1 to 4 and 6 are the husband, father-in-law and mother-in-law, brothers-in-law of the first respondent respectively. The 5th petitioner is the wife of the 4th petitioner. The first respondent initiated domestic violence proceedings against her husband and in-laws. It is also submitted that the petitioners have no way connected with the allegations made by the first respondent in 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.

2/5

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 her 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. 04.08.2025 NCC : Yes/No Index : Yes/No RR 3/5

TO 1.The Judicial Magistrate, No.II, Kodaikanal 2.VR Section Madurai Bench of Madras High Court, Madurai.

4/5

M.DHANDAPANI,J RR

ORDER

IN CRP(MD) No.2107 of 2025 Date : 04/08/2025 5/5