Madras High CourtCRP(MD)/2056/2025dismissed

Saravanan v. Mutharasi

2025-07-29Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). Nos.2056 and 2057 of 2025 and CMP(MD) Nos.11956 to 11959 of 2025 CRP(MD) No.2056/2025 Saravanan ... Petitioner Vs

1. Mutharasi

2. Minor.Navanith Rep.By the 1st Respondent Natural Guardian Mother

3. Pandiyammal

4. Kumar

5. Sathya

6. Soundrapandian ... Respondents PRAYER :- Civil Revision Petition filed under Article 227 of The Constitution of India to call for the records relating to the case in D.V.C.No.30/2025 on the file of the Judicial Magistrate Court (Cum) Additional Mahila Court Madurai, and strike down the same. 1/6

CRP(MD) No.2057/2025

1. Pandiyammal

2. Kumar

3. Sathya

4. Soundrapandian ... Petitioners Vs

1. Mutharasi

2. Minor.Navanith Rep.By the 1st Respondent Natural Guardian Mother 3.Saravanan ... Respondents PRAYER :- Civil Revision Petitions filed under Article 227 of The Constitution of India to call for the records relating to the case in D.V.C.No.30/2025 on the file of the Judicial Magistrate Court (Cum) Additional Mahila Court Madurai, and strike down the same. For Petitioner : Mr.A.Joseph Jerry COMMON ORDER The Civil Revision Petition is filed to strike off the proceedings in DVC No.30/2025 on the file of the Judicial Magistrate Court cum 2/6

Additional Mahila Court, Madurai.

2. Since the petitioner and respondents and the issue in both the petitions are one and the same, these petitions were heard together and disposed of by this common order.

3. Since no adverse orders are going to be passed against the respondents in respective petitions, notice to the respondents is dispensed with.

4. The petitioner in CRP(MD) No.2056 of 2025 is the husband of the first respondent and the petitioners in CRP(MD) No.2057 of 2025 are the in-laws of the first respondent and the first respondent herein initiated the proceedings D.V.C.No.30 of 2025 before the Judicial Magistrate, Madurai, under the provisions of the Domestic Violence Act, 2005.

4. The learned counsel appearing for the petitioners in both the petitions would submit that the petitioner in CRP(MD) No.2056 of 2025 is the husband and in CRP(MD) No.2056/2025, the 1st petitioner is the 3/6

father in law, the 2nd petitioner is the mother-in-law, 3rd petitioner is the sister-in-law of the first respondent and the 4th petitioner is the husband of the 3rd petitioner. The first respondent initiated domestic violence proceedings against her husband and others. 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.

5. Since allegations made against the petitioner/husband in CRP(MD) No.2056/2025 is serious in nature, CRP(MD) No.2056 of 2025 is dismissed.

6. As far as CRP(MD) No.2057/2025 is concerned, 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 4/6

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.

7. Accordingly, CRP(MD) No.2057/2025 stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 29.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Judicial Magistrate Court (Cum) Additional Mahila Court Madurai 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) Nos.2056 and 2057 of 2025 Date : 29/07/2025 6/6