Madras High CourtCRP(MD)/2644/2023withdrawn dismissed

S.Satheesh Kumar v. V.Archana

2023-10-17Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)Nos.13795 and 13826 of 2023

1. S.Satheesh Kumar

2. S.Pratheesh Kumar

3. S.Sugeesh Kumar

4. S.Arun Kumar

5. S.Renuka Azhaganantham

6. S.Rejee Beem Ram ... Petitioners/ Respondents Vs.

V.Archana ... Respondent/ Petitioner Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the proceedings in D.V.Case.No.30 of 2023 on the file of the Additional Mahila Court, Nagercoil by allowing this civil revision petition.

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For Petitioners : Mr.P.Subbiah, Senior Counsel for Mr.G.Aravinthan

ORDER

When the matter is taken up for hearing today, the learned Senior Counsel appearing for the revision petitioners seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect. However, the learned Senior Counsel appearing for the revision petitioners would submit that the appearance of the petitioners may be dispensed with.

2. In the result, this Civil Revision Petition is dismissed as withdrawn. However, the proceedings under the Domestic Violence Act are civil in nature. Hence, the petitioners herein can only be considered as respondents and not accused in the D.V. complaint and there is no need or necessity for them to appear for each and every hearing before the concerned Court. Hence, the learned Judicial Magistrate is directed not to insist the appearance of the petitioners/respondents on all the hearings, but the learned Magistrate is at liberty to direct the petitioners/respondents to 2/4

appear if their appearance is necessary. Consequently, connected Miscellaneous Petitions are closed. No costs. 17.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Additional Mahila Court, Nagercoil 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)Nos.13795 and 13826 of 2023 Dated : 17.10.2023 4/4