K.Maariyappan v. Gokila

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.082025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).Nos.12184 and 12185 of 2025 1.Maariyappan 2.M.Nagarani 3.M.Nithya Devi

...Petitioners

Vs.

1.Gokila 2.Minor Mahilan Sunder Ram (Respondent No.2 represented by guardian 1st respondent mother) 3.M.Karthick Kumar

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call for the records in D.V.C.No.3 of 2025 on the file of the District Munsif cum Judicial Magistrate Court, Vilathikulam and to strike off the same and thereby allow the Civil Revision Petition. 1/5

For Petitioners : Mr.M.Iniyavan

O R D E R

This petition has been filed seeking orders to strike off the petition in D.V.C.No.3 of 2025 on the file of the learned District Munsif cum Judicial Magistrate Court, Vilathikulam.

2. The petitioners herein are respondent Nos.2 to 4 in D.V.C.No.3 of 2025, before the trial Court. The first and second respondents herein have filed D.V.C.No.3 of 2025, on the file of the learned District Munsif cum Judicial Magistrate, Vilathikulam, under the provisions of the Protection of Women from Domestic Violence Act.

3. The learned counsel appearing for the petitioners submits that the first and second petitioners are in-laws and the third petitioner is the sister-in-law of the first respondent. The third respondent is the husband 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 2/5

and though her husband / third respondent is ready and willing to live with the first respondent, it is only the first respondent who is not coming to live with him and has initiated the present 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.

4. Since no adverse orders are going to be passed against 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, 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 them to appear on those days.

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

01.08.2025 Internet:Yes/No Index:Yes/No TSG To 1.The District Munsif cum Judicial Magistrate, Vilathikulam. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG 01.08.2025 5/5