Pradeep v. Veera Lakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.12427 & 12428 of 2025

1. Pradeep

2. Arumugam

3. Josepin Mary

4. Sudhakar

...Petitioners

Vs.

1. Veera Lakshmi

2. Minor.Aadhvik Joe (2nd Respondent is represented through his mother and natural guardian (1st respondent) ...Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the entire records of the impugned proceedings in impugned proceedings in D.V.C.No.9 of 2025 on the file of the learned Judicial Magistrate Court, Cheranmahadevi and to strike off the same. For Petitioner : Mr.M.S.Jeyakarthik

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.C.No.9 of 2025, on the file of the learned Judicial Magistrate Court, Cheranmahadevi.

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2.The petitioners herein are the respondents in D.V.C.No.9 of 2025, before the trial Court. The respondents herein have filed D.V.C.No.9 of 2025, before the Judicial Magistrate Court, Cheranmahadevi, under the provisions of the Domestic Violence Act and BNSS, 2023.

3.The learned counsel appearing for the petitioners submits that the first petitioner is the husband of the first respondent. The first respondent has initiated domestic violence proceedings against him and his 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 and though he 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.

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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.

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

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To 1.The Judicial Magistrate Court, Cheranmahadevi. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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