Madras High Court
A.Sobana vs S.Anieeshfathima @ Fathima on 7 July, 2021
C.R.P(MD).No.952 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.07.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRP(PD)(MD).No. 952 of 2021 and
CMP(MD).Nos.5373 & 5374 of 2021
1. A.Sobana
2.Alavudeen
3.K.Marikannu @ Fathima ...Petitioners
Vs.
S.Anieeshfathima @ Fathima ... Respondent
PRAYER:- Civil Revision Petition filed under Article 227 of the
Constitution of India to strike out the petition in D.V.O.P.No.20 of 2019 on
the file of the Judicial Magistrate Court, Periyakulam against the
petitioners.
For petitioners : Mr.S.Saravanakumar
1/6
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C.R.P(MD).No.952 of 2021
ORDER
This Civil Revision has been filed seeking orders to strike off the
petition filed in D.V.O.P.No.20 of 2019 pending on the file of the Judicial
Magistrate Court, Periyakulam.
2. Admittedly, the respondent has married one Salim Babu, who is
the son of the third petitioner and the brother of the first petitioner and that
the petitioners are the in-laws of the respondent.
3. The learned counsel for the revision petitioners would submit that
the respondent has not averred any specific allegation nor produced any
proof so as to maintain the complaint under the Domestic Violence Act
against the petitioners and that the complaint has been filed only to harass
the petitioners and that therefore, the complaint is liable to be struck off
from the file of the Judicial Magistrate, Periyakulam.
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
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C.R.P(MD).No.952 of 2021
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.
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
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C.R.P(MD).No.952 of 2021
by the High Court. To put it in short, the jurisdiction has to be very
sparingly exercised. In the case on hand, 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.
7. 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
hearings in which the personal appearance of the petitioners is not
necessary. No costs. Consequently, the connected Miscellaneous Petition
is closed.
07.07.2021
Index : Yes : No
Internet : Yes : No
ssb
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.952 of 2021
To
Judicial Magistrate Court, Periyakulam.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.952 of 2021
K.MURALI SHANKAR,J.
ssb
CRP(PD)(MD).No. 952 of 2021and
CMP(MD).Nos. 5373 & 5374 of 2021
07.07.2021
https://www.mhc.tn.gov.in/judis/
