Saravana Kumar v. Ilakkiya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.12829 & 12831 of 2025 1.S.Saravana Kumar 2.Venkateswari

...Petitioners

Vs.

Ilakkiya

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to strike off the DVC proceedings initiated by the respondent in D.V.C.No.9 of 2025 on the file of the District Munsif cum Judicial Magistrate Court, Periyur, Madurai District as against the petitioners and allow the Civil Revision Petition.

For Petitioners : Mr.S.Ramasamy

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 District Munsif cum 1/4

Judicial Magistrate Court, Periyur, Madurai District as against the petitioners herein.

2. The petitioners herein are the first and second respondents in D.V.C.No.9 of 2025, before the trial Court. The respondent herein has filed D.V.C.No.9 of 2025, before the learned District Munsif cum Judicial Magistrate, Periyur, Madurai District, under the provisions of the Domestic Violence Act.

3. The learned counsel appearing for the petitioners submits that the first petitioner is the husband and the second petitioner is the mother-in-law of the respondent. 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 petitioner 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 respondent, notice to the respondent 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.

13.08.2025 Internet:Yes/No Index:Yes/No TSG To 1.The District Munsif cum Judicial Magistrate, Periyur, Madurai District. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG 13.08.2025 4/4