Gopinath v. B.Rajabharathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.[PD](MD)No.2125 of 2025 and C.M.P.(MD)Nos.12410 & 12412 of 2025 Gopinath

...Petitioner

Vs.

1.B.Rajabharathi 2.Sivagnanam Pillai 3.T.Manjula

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call for the records relating to the proceedings in D.V.O.P.No. 19 of 2025 on the file of Judicial Magistrate, Additional Mahila Court, Madurai and strike off the same.

For Petitioner : Mr.R.Ramanujam for M/s.Gandhi Associates 1/6

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.O.P.No.19 of 2025, on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai. 2.The petitioner herein is the first respondent in D.V.O.P.No.19 of 2025, before the trial Court. The first respondent herein has filed D.V.O.P.No.19 of 2025, before the Judicial Magistrate, Additional Mahila Court, Madurai, under the provisions of the Domestic Violence Act and BNSS, 2023. 3.The learned counsel appearing for the petitioner submits that he is the husband of the first respondent. The first respondent has initiated domestic violence proceedings against him and her in-laws. It is submitted that the petitioner is in no way connected with the allegations made by the first respondent in the DVOP case and though he is ready and willing to live with the first respondent it is only the 1st respondent who is not coming to live with him and has initiated the present case. Therefore, he prays that the petitioner may be permitted to raise all the grounds mentioned herein before the trial 2/6

court. He also requests this Court to dispense with his personal appearance before the trial court.

4.In view of the nature of the order which this Court is going to pass, which in no way affects the respondents, notice to the respondents is dispensed with.

5.This Court, taking into consideration the submission made by the learned counsel for the petitioner, permits the petitioner 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 petitioner, his appearance before the trial court is dispensed with except for his 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 petitioner is necessary, the trial court, at its wisdom, shall direct him 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.

05.08.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Judicial Magistrate, Additional Mahila Court, Madurai.

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

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M.DHANDAPANI , J.

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