Rosalin Kepsipa v. Sabar Nisha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2909 of 2024 and CMP(MD) No.16658 of 2024 Rosalin Kepsiba ... Petitioner Vs 1.Sabar Nisha 2.S.Akbar 3.A.Mohamed Imran 4.Latha 5.Mahalingam @ King James ... Respondents PRAYER :-Civil Revision Petition filed under Article 227 of The Constitution of India against the proceedings in DVC No.46 of 2023, on the file of the Additional Mahila Court, (JM Level), Madurai. For Petitioners : Mr.V.Karuna For Respondents : Mr.A.R.Kannappan for R1 No appearance for R2 to R5

ORDER

This petition has been filed to strike off the proceedings in DVC No.46 of 2023, on the file of the Additional Mahila Court, (JM Level), Madurai.

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2. The petitioner herein is the respondent in D.V.C.No.46 of 2023 and the first respondent herein initiated the said proceedings, under the provisions of the Domestic Violence Act, 2005.

3. The learned counsel appearing for the petitioner would submit that petitioner is the daughter-in-law of the first respondent. The first respondent initiated domestic violence proceedings against her husband, son and daughter-in-law and mother of daughter-in-law. It is also submitted that the petitioner has no way connected with the allegations made by the first respondent in the DVC case. Therefore, he prays that the petitioner be permitted to raise all the grounds mentioned herein before the trial court. He also requests this Court to dispense with her personal appearance before the trial court.

4. In view of the said submission made by the learned counsel for the petitioner, the petitioner shall raise all the grounds as raised herein before the trial court at the time of trial. Further, taking into consideration the request as made by the learned counsel for the petitioner, her appearance before the trial court is dispensed with except 2/4

for her appearance for the purpose of receiving the copy of the proceedings u/s 207 of Cr.P.C./230 BNSS, framing of charges, questioning under Section 313 of Cr.P.C./351 BNSS, and on the day on which judgment is to be pronounced. However, if for any particular reason, the presence of the petitioner is necessary, the trial court, at its wisdom, shall direct her appearance on those days. Further, this Court directs the petitioner to represent the case through the counsel.

5. Accordingly, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Additional Mahila Court, (JM Level), Madurai. 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.2909 of 2024 Date : 09/07/2025 4/4