C.T.Somasundaram v. K.Annapooranam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.11942 of 2023 1.C.T.Somasundaram 2.Geetha Chidambaram 3.C.T.Annam Chidambaram 4.C.T.Thenu

...Petitioners

Vs.

K.Annapooranam

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call for the records pertaining to D.V.C.No.48 of 2022 pending on the file of the learned Additional Mahila Court, (JML), Karur and strike off the name of the petitioners by allowing the Civil Revision Petition. For Petitioners : Mr.M.Mariappan For Respondents : No Appearance 1/6

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.C.No.48 of 2022, pending on the file of the learned Additional Mahila Court, (JML), Karur.

2.The petitioner herein are the respondents in D.V.C.No.48 of 2022, before the trial Court. The respondent herein has filed D.V.C.No.48 of 2022, before the Additional Mahila Court, (JML), Karur, 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 respondent. The 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 respondent in the DVC 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.

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4.Inspite of issuance of notice, there is no representation for the respondent. However, in view of the nature of the order which this Court is going to pass, which in no way affects the respondent, representation on behalf of the respondent is not necessary.

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 appearances 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 dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

04.07.2025 Internet:Yes/No Index:Yes/No MR 4/6

To 1.The Additional Mahila Court (JML), Karur.

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

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M.DHANDAPANI , J.

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