Sivas v. A.Rathina

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.13144 and 13145 of 2025 Sivas

...Petitioner

Vs.

A.Rathina

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the petition in D.V.C.No.15 of 2025 on the file of the Judicial Magistrate Court, Karaikudi.

For Petitioner : Mr.D.Rameshkumar

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.C.No.15 of 2025, on the file of the learned Judicial Magistrate Court, Karaikudi.

2.The petitioner herein is the first respondent in D.V.C.No.15 of 2025, before the trial Court. The respondent herein has filed D.V.C.No.15 of 2025, 1/4

before the learned Judicial Magistrate, Karaikudi, under the provisions of the Domestic Violence Act and BNSS, 2023.

3.The learned counsel appearing for the petitioner submits that the respondent has initiated domestic violence proceedings against her husband and in-laws. It is submitted that the petitioner is the husband of the respondent herein and he is in no way connected with the allegations made by the respondent in the DVC case. Therefore, he prays that the petitioner may be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with the personal appearance of the petitioner 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 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 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, the 2/4

appearance of the petitioner 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 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.

18.08.2025 Internet:Yes/No Index:Yes/No ta To 1.The Judicial Magistrate Court, Karaikudi 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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