Fowsia v. Fathima Afra

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)Nos.12049, 12050 & 11835 of 2024 1.Fowsia 2.Asik 3.Mohaideen 4.Fathima Rajiya 5.Mohamed Jasmine 6.Mohamed Moosha 7.Mohamed Yasin 8.Hidhayath Nisha ... Petitioners / Respondents 2 to 9 Vs.

1.Fathima Afra ... 1st Respondent / Petitioner 2.Mohamed Anwardeen ... 2nd Respondent / 1st Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records in the impugned proceeding DVC No.15 of 2024 on the file of the Judicial Magistrate, Thiruvadanai and struck off the same so far as the Petitioners concerned as illegal, violation of law and allow the Civil Revision Petition. 1/4

For Petitioners : Mr.P.Balamurugan

ORDER

Heard the learned counsel appearing for the revision petitioners. 2.This civil revision petition has been filed against the proceedings in D.V.C.No.15 of 2024 on the file of the Judicial Magistrate, Thiruvadanai. 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 2/4

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 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.15 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. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

03.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 05.09.2024.

To The Judicial Magistrate, Thiruvadanai.

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G.R.SWAMINATHAN, J.

MGA 03.09.2024 4/4