Madras High Court
Navaneetha Krishnan @ ... vs N. Karpagalakhsmi @ Kanimozhi on 2 July, 2021
C.R.P(MD).No.934 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.07.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRP(PD)(MD).No. 934 of 2021 and
CMP(MD)Nos.5259 and 5260 of 2021
1.Navaneetha Krishnan @ Naveenkumar
2. Moorthy
3. M.Shanmugavalli
4. M.Ramkumar :Petitioners
Vs.
N. Karpagalakhsmi @ Kanimozhi : Respondent
PRAYER:- Civil Revision Petition filed under Article 227 of the
Constitution of India to set aside the proceedings pending in DVOP.No. 5
of 2020 on the file of Judicial Magistrate Court, Rajapalayam.
For petitioners : Mr. R. Murali
1/8
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.934 of 2021
ORDER
This Civil Revision has been filed to quash the proceedings in
D.V.O.P.No.5 of 2020 on the file of Judicial Magistrate Court,
Rajapalayam.
2. Admittedly, the first petitioner is the husband of the
respondent and their marriage was solemnized on 09.11.2016; the second
petitioner is the father; 3rd petitioner is the mother and the fourth petitioner
is the brother of the first petitioner. It is evident from the records that the
first petitioner has filed a petition in HMOP.No.50 of 2018 on the file of
the Family Court, Dindigul, against the respondent for restitution of
conjugal rights and that since the respondent has remained ex-parte, ex-
parte order was passed on 10.04.2019 granting the relief of restitution of
conjugal rights. It is further evident that the respondent has filed a
maintenance case against the first petitioner in M.C.No.15 of 2020 and the
same is pending on the file of the Court of Judicial Magistrate,
Rajapalayam.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.934 of 2021
3. The learned counsel for the revision petitioners would
submit that the respondent has filed the complaint only to harass the first
petitioner and his family members, that the respondent after leaving the
matrimonial home on 12.04.2018, has filed the complaint after three years,
that the respondent has filed the petition for maintenance under Section
125 C.P.C., with the same set of allegations, that the petitioners have no
connection whatever with the matrimonial issues between the first
petitioner and the respondent and that therefore, the petitioners are
constrained to file the above revision for setting aside the complaint.
4. No doubt, the revision petitioners, as per the judgment of
this Court rendered by Hon'ble Mr.Justice. N.Anand Venkatesh., in
Crl.O.P.Nos.28458, 16411, 33643 of 2019 (Batch), dated 18.01.2021 have
filed the present revision invoking the jurisdiction of this Court under
Article 227 of the Constitution of India. In the said judgment, the Hon'ble
Judge has laid down certain guidelines and procedures to be followed /
complied with by the litigants and the Court, while dealing with the
complaint initiated under the Domestic Violence Act.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.934 of 2021
5. In the present case, the petitioners have not approached the
learned Magistrate as per the guidelines issued, but they have straightaway
approached this Court hurriedly. It is pertinent to note that when there has
been a patent perversity in the orders of the Tribunals and Courts or where
there has been a gross and manifest failure of justice or the basic principles
of natural justice have been flouted, High Court can interfere in exercise of
its power of superintendence under Article 227 of the Constitution of
India.
6. It is settled law that the High Court cannot, at the drop of a
hat, in exercise of its power of superintendence, under Article 227 of the
Constitution, interfere with the proceedings or orders of Tribunals and
Courts nor can it act as a Court of appeal. The existence of alternative
mode of redressal would operate as a restrain on the exercise of this power
by the High Court. To put it in short, the jurisdiction has to be very
sparingly exercised. In the case on hand, even assuming for a moment, if
this Court is not inclined to interfere with the proceedings of the trial
Court, it cannot be said that the same would result in miscarriage of justice.
Considering the above, this Court is not inclined to admit the Revision.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.934 of 2021
7. At this juncture, the learned counsel appearing for the
revision petitioners would submit that the second petitioner is a Senior
citizen, that the 3rd petitioner is having various aliments related to
orthopedic, that the first petitioner is working in Chennai, that the 4th
petitioner has no connection whatever with the allegations made by the
respondent and that therefore, personal appearance of the petitioners may
be dispensed with.
8. It is pertinent to mention that in the guidelines issued, it has
been specifically observed that personal appearance of the respondent shall
not be ordinarily insisted upon, if the parties are effectively represented
through counsel, that Form VII of Domestic Violence Act, 2006, makes it
clear that the parties can appear before the Magistrate either in person or
through duly authorised counsel. Moreover, even if the respondent has
failed to appear either in person or through his counsel, the Magistrate can
proceed only to set ex parte and then, proceed to decide the application.
Considering the above, it is clear that it is not mandatory for the revision
petitioners to appear personally for all the hearings.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.934 of 2021
9. In the result, the Civil Revision Petition is dismissed and
the revision petitioners are at liberty to approach the learned Judicial
Magistrate, as per the guidelines issued in the Judgment above referred.
Further, the learned Judicial Magistrate is directed not to insist the personal
appearance of the petitioners as per the guidelines referred above for the
harassing in which the personal appearance of the petitioners is not
necessary. No costs. Consequently, the connected Miscellaneous Petition
is closed.
02.07.2021
Index : Yes : No
Internet : Yes : No
trp
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.934 of 2021
To
The Judicial Magistrate Court, Rajapalayam.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.934 of 2021
K.MURALI SHANKAR,J.
trp
CRP(PD)(MD).No. 934 of 2021 and
CMP(MD)Nos.5259 and 5260 of 2021
02.07.2021
https://www.mhc.tn.gov.in/judis/
