M.Naga Jothi v. Kishore Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)Nos.14171 an d 14175 of 2025 1.M.Naga Jothi 2.Kiruba Nandhini 3.R.Sivakumar

...Petitioners

Vs.

1.Kishore Kumar 2.N.Megalai

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the petition filed by the respondent in D.V.O.P.No.5 of 2022 on the file of the Judicial Magistrate Court, Athoor. For Petitioners : Mr.F.X.Eugene

O R D E R

This petition has been filed seeking to strike off the impugned proceedings in D.V.O.P.No.5 of 2022, on the file of the Judicial Magistrate Court, Athoor.

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2.The petitioners herein are the respondents 2 to 4 in D.V.O.P.No.5 of 2022, before the trial Court. The respondent herein has filed D.V.O.P.No.5 of 2022, before the Judicial Magistrate Court, Athoor, under the provisions of the Domestic Violence Act and BNSS, 2023.

3.The learned counsel appearing for the petitioners submits that the second respondent has initiated domestic violence proceedings against her husband and in-laws. It is submitted that the first petitioner is the mother-inlaw, the second petitioner is the sister-in-law and the third petitioner is the husband of the sister-in-law of the second respondent herein and they 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 the personal appearance of the petitioners 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 respondents, representation on behalf of the respondents is not necessary.

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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, the appearance of the petitioners 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.

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

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M.DHANDAPANI , J.

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