Dr.Thinakar Babu v. Dr.Kavitha

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)No.13233 of 2025 1.Thinakar Babu 2.S.Athistam 3.Santhi

...Petitioners

Vs.

Kavitha

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records pertaining to the impugned proceedings filed by the respondent in D.V.C.No.67 of 2024 on the file of the Additional Mahila Court (Judicial Magistrate Level), Dindigul and struck off the same. For Petitioners : 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.67 of 2024, on the file of the Additional Mahila Court (Judicial Magistrate Level), Dindigul.

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2.The petitioners herein are the respondents 1 to 3 in D.V.C.No.67 of 2024, before the trial Court. The respondent herein has filed D.V.C.No.67 of 2024, before the Additional Mahila Court (Judicial Magistrate Level), Dindigul, under the provisions of the Domestic Violence Act and BNSS, 2023. 3.The learned counsel appearing for the petitioners submits that the respondent has initiated domestic violence proceedings against her husband and in-laws. It is submitted that the first petitioner is the husband, the second petitioner is the father-in-law and the third petitioner is the mother-in-law of the 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 respondent, representation on behalf of the respondent 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 petition is closed.

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To 1.The Additional Mahila Court (Judicial Magistrate Level), Dindigul 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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