K.Duraipandian v. R.S.Ishwarya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and C.M.P.(MD)No.14870 of 2024 and 12640 of 2025 1.K.Duraipandian 2.D.Prema 3.D.Vasanth Bhagat Singh 4.Indhumathi ... Petitioners Vs.

R.S.Ishwarya ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed in Cr.M.P.No.1004 of 2024 in D.V.O.P.no. 20 of 2024 on the file of the Judicial Magistrate Court, Tenkasi and quash the same.

For Petitioner : Mr.R.J.Karthick For Respondent : Mr.K.Esakkidurai

ORDER

This Civil Revision Petition is filed challenging the order passed in Cr.M.P.No.1004 of 2024 in D.V.O.P.no.20 of 2024 on the file of the Judicial Magistrate Court, Tenkasi.

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2.The petitioners are the respondents 2 to 5 in D.V.C.No.20 of 2024 filed by the respondent herein before the learned Judicial Magistrate, Tenkasi under the provisions of the Domestic Violence Act and BNSS, 2023. In that petition, the respondents filed discharge petition in Cr.M.P.NO.1004 of 2024. The said application was dismissed. Challenging the same, the present Civil Revision Petition is filed.

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 father-in-law, second petitioner is the mother-in-law, third petitioner is the brother-in-law and the fourth petitioner is the wife of the brother-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.The learned counsel appearing for the respondent submits that if this Court is inclined to dispense with the appearance of the petitioners, this Court may impose requisite conditions to see to it that the presence of the petitioners at the times, during which the presence of the petitioners is mandatory be 2/5

safeguarded so that the petitioners do not frustrate the trial proceedings by dragging on the same to the detriment of the respondent. 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, Tenkasi.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J.

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