Madras High Court
S.Chandrasekaran vs S. Suriya Kala on 13 July, 2021
C.R.P(MD).No.973 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.07.2021
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
CRP(PD)(MD).No. 973 of 2021
C.M.P(MD).Nos.5521 of 2021
1.S.Chandrasekaran
2.S.Padma Sankar
3. Selva Karthika ...Petitioners
Vs.
1.S. Suriya Kala
2.Minor. Arjun Krishna
(Minor rep. by respondent) ... Respondent
PRAYER:- Civil Revision Petition filed under Article 227 of the
Constitution of India, to call for the entire records pertaining to the
impugned proceedings filed by the respondent No.1 in DV.No.26 of 2021
in so far as the petitioners, on the file of the Judicial Magistrate No.III,
Tuticorin District and set aside the same.
For petitioners : Mr.T.Lajapathi Roy
1/6
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C.R.P(MD).No.973 of 2021
ORDER
This Civil Revision has been filed to quash the proceedings in
D.V.C.No.26 of 2021 on the file of the Court of the Judicial Magistrate
No.III, Tuticorin District.
2. Admittedly, the marriage between the first respondent and
one Subramaniyan, son of the petitioners 1 and 2 was solemnized on
21.08.2016.
3. The learned counsel for the revision petitioners would
submit that the first respondent was not living in the shared household and
as such, the proceedings against the petitioners are not sustainable, that the
first respondent has lodged the complaint with vague and false allegations,
with an intention to harass the petitioners and that the impugned
proceedings against the petitioners are clear abuse of process of law.
4. No doubt, the revision petitioners, as per the judgment of
this Court rendered by Hon'ble Mr.Justice. N.Anand Venkatesh., in
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C.R.P(MD).No.973 of 2021
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.
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
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C.R.P(MD).No.973 of 2021
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.
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.
No costs. Consequently, the connected Miscellaneous Petition is closed.
13.07.2021
Index : Yes : No
Internet : Yes : No
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https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.973 of 2021
To
The Judicial Magistrate No.III, Tuticorin District.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD).No.973 of 2021
K.MURALI SHANKAR,J.
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CRP(PD)(MD).No. 973 of 2021
C.M.P(MD).Nos.5521 of 2021
13.07.2021
https://www.mhc.tn.gov.in/judis/
