Amarnath v. A.Shobha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.2387 of 2025 and C.M.P.(MD).Nos.14293 & 14294 of 2025 1.Amarnath 2.Rama Rajammal 3.Poongothai 4.Abisheik Nithish

...Petitioners

Vs.

A.Shobha

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the proceedings in D.V.C.No.52 of 2025 on the file of the Judicial Magistrate Court No.1, Tirunelveli.

For Petitioners : Mr.T.Leninkumar * * * * *

ORDER

This petition has been filed seeking orders to strike off the proceedings in D.V.C.No.52 of 2025 on the file of the Judicial Magistrate Court No.1, Tirunelveli.

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2. The respondent herein filed a domestic violence case in D.V.C.No.52 of 2025, before the trial Court under the provisions of the Protection of Women from Domestic Violence Act against the petitioners.

3. The learned counsel appearing for the petitioners submits that the first and second petitioners are husband and mother-in-law of the respondent herein. The third petitioner is the sister of the first petitioner and the fourth petitioner is the son of the third petitioner. The respondent has initiated domestic violence proceedings against them. It is submitted that the petitioners 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 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.

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 2/4

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. The trial Court is further directed to dispose of D.V.C.No.52 of 2025, as expeditiously as possible.

6. Accordingly, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.

29.08.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Judicial Magistrate Court No.I, Tirunelveli. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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