Madras High CourtCRP(MD)/2481/2024disposed of

Subramaniyan v. Kowsalya

2024-10-16Honourable Mr Justice G.R.Swaminathan4 pages

1 C.R.P.(MD)No.2481 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.2481 of 2024 and C.M.P.(MD)Nos.14012 & 14014 of 2024

1. Subramaniyan

2. Banumathy ... Petitioners/Respondents 2 & 3 Vs.

1. Kowsalya ... 1st Respondent / Petitioner

2. Senthilraja ... 2nd Respondent / 1st Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the petition in D.V.C.No.11 of 2024 on the file of the learned District Munsif cum Judicial Magistrate Court, Aravakuruchi, Karur Distict.

For Petitioners : Mr.S.Gokulraj ***

O R D E R

Heard the learned counsel appearing for the petitioners.

2 C.R.P.(MD)No.2481 of 2024 2.This civil revision petition has been filed against the proceedings in DVC No.11 of 2024 on the file of the learned District Munsif cum Judicial Magistrate, Aravakuruchi, Karur. The petition has been filed under various provisions of the Protection of Women from Domestic Violence Act, 2005. The learned counsel for the petitioners draws my attention to the decision of the Hon'ble Full Bench rendered on 17.11.2022 in Crl OP Sr Nos.31852 of 2022 etc batch. 3.Adopting the approach indicated by the Hon'ble Full Bench, I dispose of this civil revision petition in the following manner : (i) If the petitioners are having any grievance that they have been unnecessarily added as parties to the proceedings, it is open to them to file an application before the concerned court to delete their names and if any such application is filed, the concerned court shall decide the same, as per the decision of the Hon'ble Supreme Court in Kunapareddy v. Kunapareddy Swarna Kumari, reported in (2016) 11 SCC 774.

(ii) If the petitioners are represented through a counsel, the concerned court shall not insist on the personal appearance of the petitioners. However, the petitioners

3 C.R.P.(MD)No.2481 of 2024 shall appear before the Court as and when their presence is required by the Court.

(iii) The concerned court is directed to dispose of D.V.C No.14 of 2024 as expeditiously as possible preferably within a period of five months from the date of receipt of a copy of this order."

4.Accordingly, this civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 16.10.2024 Index : yes/No Internet:Yes/No PMU To The District Munsif cum Judicial Magistrate, Aravakuruchi, Karur Distict.

4 C.R.P.(MD)No.2481 of 2024 G.R.SWAMINATHAN,J.

PMU C.R.P.(MD).No.2481 of 2024 16.10.2024