Madras High CourtCRP(MD)/2348/2025disposed of

Chellam v. Karthika

2025-08-26Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 26/08/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2348 of 2025 and CMP(MD) No.14087 & 14089 of 2025

1. Chellam,

2. Amutha,

3. Karthikeyan,

4. Vivekananthan ... Petitioners Vs

1. Karthika, W/o. Muthuraman, Sathyamoorthi Nagar 3rd Lane,Ganesapuram, Karaikudi Taluk, Sivagangai District..

2. Minor. Amaiya, D/o. Muthuraman, Sathyamoorthi Nagar 3rd Lane, Ganesapuram, Karaikudi Taluk, Sivagangai District..

1/5

3. Minor. Magilmathi, D/o. Muthuraman, Sathyamoorthi Nagar 3rd Lane,Ganesapuram, Karaikudi Taluk, Sivagangai District.

(The 2nd and 3rd Respondents are Represented through natural guardian mother/1st respondent)

4. Muthuraman, S/o. Chellam, Door No.23, Mela Oorani Lane, Therku Theru, Karaikudi, Sivagangai District..

... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India to strike off the proceedings in D.V.C.No.35 of 2024 on the file of the Judicial Magistrate Court, Karaikudi, Sivagangai District.

For Petitioner : Mr.R.Vinodh

ORDER

The Civil Revision Petition is filed to to strike off the proceedings in D.V.C.No.35 of 2024 on the file of the Judicial Magistrate Court, Karaikudi, Sivagangai District.

2/5

2. The petitioners herein are respondent Nos.2 to 5 in D.V.C.No.35 of 2024, which was initiated by the first respondent before the Judicial Magistrate, Karaikudi, under the provisions of the Domestic Violence Act, 2005.

3. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

4. The learned counsel appearing for the petitioners would submit that the petitioners 1 to 4 are in-laws of the first respondent. The first respondent initiated domestic violence proceedings against her husband and others. It is also submitted that the petitioners have no way connected with the allegations made by the first respondent in DVC case. Therefore, he prays that the petitioners 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.

5. In view of the said submission made by the learned counsel for the petitioners, the petitioners shall raise all the grounds as raised herein 3/5

before the trial court at the time of trial. Further, taking into consideration the request as 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 their appearance on those days. Further, this Court directs the petitioners to represent the case through the counsel.

6. Accordingly, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 26.08.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Judicial Magistrate, Karaikudi 2.VR Section Madurai Bench of Madras High Court, Madurai.

4/5

M.DHANDAPANI,J RR

ORDER

IN CRP(MD) No.2348 of 2025 Date : 26/08/2025 5/5