Manikandan v. Saranya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.13936 of 2025 1.Manikandan 2.Jayalakshmi 3.Priya 4.Ramesh

...Petitioners

Vs.

Saranya

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to strike off the petition in D.V.C.No.4 of 2022 on the file of the Judicial Magistrate Court, Periyakulam, Theni District. For Petitioners : Mr.J.Yogeswaran 1/6

O R D E R

This petition has been filed seeking to strike off the petition in D.V.C.No. 4 of 2022 on the file of the Judicial Magistrate Court, Periyakulam, Theni District.

2. The petitioners herein are respondents in D.V.C.No.4 of 2022, before the trial Court. The respondent herein has filed D.V.C.No.4 of 2022, before the trial Court under the provisions of the Domestic Violence Act.

3. The learned counsel appearing for the petitioners submits that the first petitioner is the husband of the respondent. The second petitioner is the motherin-law and the third petitioner is the sister-in-law of the respondent. The fourth petitioner is the husband of the third petitioner. The respondent has initiated domestic violence proceedings against the petitioners. It is submitted that the petitioners are in no way connected with the allegations made by the respondent in the DVC case and though the first petitioner is ready and willing to live with the respondent, it is only the respondent who is not coming to live with him and has initiated the present case. Therefore, he prays that the petitioners may be 2/6

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 respondent, notice to the respondent is dispensed with.

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.

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

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

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M.DHANDAPANI , J.

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