Mohammed Asarudheen v. Saliha Parveen

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).Nos.1727 & 1728 of 2025 1.Mohammed Asarudheen 2.Ameenal 3.Kamithalbhanu

...Petitioners

Vs.

Saliha Parveen

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the petition in D.V.C.No.48 of 2024, on the file of the Chief Judicial Magistrate Court, Tenkasi, by allowing this revision. For Petitioners : Mr.M.Subbiah For Respondent : Mr.D.Venkatesh * * * * *

ORDER

This petition has been filed seeking orders to strike off the petition in D.V.C.No.48 of 2024, on the file of the Chief Judicial Magistrate Court, Tenkasi.

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2. The petitioners herein are respondents in D.V.C.No.48 of 2024, before the trial Court. The respondent herein has filed D.V.C.No.48 of 2024, on the file of the Chief Judicial Magistrate Court, Tenkasi, under the provisions of the Protection of Women from Domestic Violence Act, 2005.

3. The learned counsel appearing for the petitioners submits that the first petitioner is the husband, the second petitioner is the mother-in-law and the third petitioner is the sister-in-law of the respondent. 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 and though the first petitioner is ready and willing to live with the respondent, it is only the respondent who is not coming to live with him and has initiated the present 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. 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 safeguarded so that the petitioners does not frustrate the trial proceedings by dragging on the same to the detriment of the respondent.

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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, their appearance 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. Considering the pendency of the case from 2024, the trial Court is directed to dispose of D.V.C.No.48 of 2024, as expeditiously as possible.

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

10.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Chief Judicial Magistrate, Tenkasi.

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

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M.DHANDAPANI , J.

TSG 10.07.2025 4/4